MY LI FE
BY THE RX HON.
SIR EDWARD. CLARKE,K.
THE STORY OF MY LIFE
HE STORY OF
BY THE RIG
SIR EDWAS
A. A. OXFORD ; ASSCX; .
OF Ki
i860; FOR PLY
JAN. -JUNE 1906; H.M.'S BOLI<
OF LINC
TON
LARKE,
WITH
E. P. DUT
ORK
AND COM>
1919
THE STORY OF MY LIFE
BY THE RIGHT HONOURABLE
SIR EDWARD CLARKE, K.C.
A. A. OXFORD ; ASSOC. OF CITY OF LONDON COLLEGE ; HON. FELLOW
OF KING'S COLLEGE, LONDON J M.P. FOR SOUTHWARK FEB. -MARCH
i860; FOR PLYMOUTH 18801900 ; FOR THE CITY OF LONDON
JAN. -JUNE 1906; H.M.'S SOLICITOR-GENERAL 1886-1892 ; TREASURER
OF LINCOLN'S INN 1906 ; PRIVY COUNCILLOR 1908.
WITH PORTRAIT
NEW YORK
E. P. BUTTON AND COMPANY
1919
I DEDICATE THIS BOOK
TO THE BELOVED MEMORY OF MY DEAR
FATHER AND MOTHER
TO
WHOSE LOVING CARE AND TEACHING I OWE
UNDER THE PROVIDENCE OF GOD
THE HAPPINESS AND PROSPERITY
OF MY LIFE
E. C.
41526^
MOTTOES
1861-1900
AH God, for a man with heart, head, hand,
Like some of the simple great ones gone
For ever and ever by ;
One still strong man in a blatant land,
Whatever they call him, what care I,
Aristocrat, democrat, autocrat one
Who can rule and dare not lie.
And ah for a man to rise in me,
That the man I am may cease to be.
TBNNYSON, Maud.
1900-
Not all who seem to fail have failed indeed,
Not all who fail have therefore worked in vain,
For all our acts to many issues lead ;
And out of earnest purpose, pure and plain.
Enforced by honest work of arm or brain,
The Lord will fashion in His own good time
(Be this the labourer's proudly humble creed)
Such ends as to His wisdom fitliest chime
With His vast love's eternal harmonies.
There is no failure for the good and wise :
What though their seed should fall by the wayside,
And the birds snatch it, yet the birds are fed ;
Or they shall bear it far across the tide
To give rich harvests after thou art dead !
TRENCH
CONTENTS
CHAPTER PAOE
I. INTRODUCTORY I
II. CHILDHOOD : 1841-1850 .... 8
III. SCHOOL: 1851-1854 16
IV. THE SHOP : 1855-1858 .... 25
V. LITERATURE, POLITICS, AND LAW: 1850-1860 38
VI. THE INDIA HOUSE : 1859-1860 ... 49
VII. THE LAW STUDENT : 1861-1864 ... 57
VIII. SOME LIGHTER RECOLLECTIONS ... 68
IX. EARLY DAYS AT THE BAR : 1864-1866 . 76
X. EARLY YEARS OF MARRIAGE : 1866-1873 . 89
XI. POLITICAL BEGINNINGS I 1867-1874 . . 95
XII. MASONIC AND DOMESTIC : 1874-1877 . . IIO
XIII. THE PENGE MYSTERY: 1877 . . . I2O
XIV. THE DETECTIVE CASE: 1877 . . . 136
XV. SOUTHWARK: 1877-1880 . . . 149
XVI. ELECTION PETITIONS: 1880 . . , .171
vii
viii CONTENTS
CHAPTER PAGE
XVII. PLYMOUTH: 1880 183
XVIII. CHIEFLY DOMESTIC: 1880-1894 . . 188
XIX. POLITICS IN THE HOUSE OF COMMONS AND
ELSEWHERE: 1882-1884 . . . 204
XX. AN UNEXPECTED CHECK: 1885 . . 235
XXI. THE BARTLETT CASE: l886 . . . 246
XXII. SOLICITOR-GENERAL: 1886-1890 . . 257
XXIII. QUIET POLITICS AND A NOTABLE CASE !
1891-1892 ..... 294
XXIV. THE FRONT OPPOSITION BENCH I 1892-1895 302
XXV. VENEZUELA AND THE JAMESON RAID:
1895-1896 319
XXVI. A PRIVATE MEMBER: 1896-1899 . . 332
XXVII. THE WAR IN SOUTH AFRICA : 1899-1900 . 34!
XXVIII. OUT OF PARLIAMENT: 1900-1905 . . 363
XXIX. THE CITY OF LONDON : 1906 . . . 374
XXX. A MEDITATION: 1906 .... 391
XXXI. FROM LABOUR TO REFRESHMENT .* 1906-1914 396
XXXII. THE END OF THE STORY : 1914 . . 413
LIST OF PLACES OUTSIDE LONDON WHERE
I HAVE MADE POLITICAL SPEECHES . 421
INDEX . .423
THE STORY OF MY LIFE
CHAPTER I
INTRODUCTORY
No ONE will doubt that vanity, the only universal weakness,
has something to do with my desire to leave a record of
the events of my life. I do not doubt it myself. But I
hope and believe that my chief reason for undertaking the
task is the wish that such a book may interest lads whose
early lives are spent as mine was, in somewhat humble and
difficult circumstances, and who may be encouraged by
the story of my happy and successful career to be vigilant
to find, and active to use, opportunities of self-improve-
ment by study, by exercise of mind and body, by the
habitual companionship of books, by the cultivation of
worthy friendships. I hope, too, it will encourage them
to combat the besetting selfishness of life by interesting
themselves in the public affairs of their country and the
community in which they live, and in the movements of
spirit and intellect social, industrial, moral, and religious
which are forming the character and so determining the
future of our race.
Thus they may rise towards that complete life which
is alone worthy of a Christian man, a life of faith and courage
and industry, and gain for themselves habits at once of
energy and contentment. As I write I am humbled by
thinking how far my life has fallen short of my own ideals.
Still I have not been consciously untrue to them ; and
c . : ^,_i \ k " INTRODUCTORY [CHAP. 1
perhaps tie Vtory of my life may help others to a fuller
success.
I think if I tell it myself simply and briefly it will be more
likely to do good than if I leave material from which, when
I am dead, some one might compile a larger and more
elaborate biography.
I know very little of my family history. The parish
register of Axbridge in Somersetshire would probably give
some information, but it would only be the record of an
undistinguished family of yeomen farmers, one of whom,
my great-grandfather, was living at that village in the
later years of the eighteenth century.
Knowing little of my ancestors, I have interested myself
the more in the men who have borne my name and have
been in any way distinguished in public life. There are
only three Edward Clarkes of which this can be said ; and
curiously enough each of these was connected with one of
the three great interests of my life literature, law, and
the City of London. One of them was a politician also,
and as he represented a Somersetshire constituency, I
please myself by thinking that I may be one of his de-
scendants.
In 1695 Edward Clarke, Member of Parliament for
Taunt on, was the chief actor in an event which Macaulay
says did more for liberty and for civilisation than the Great
Charter or the Bill of Rights. 1
In passing a Bill for the continuance of certain expiring
Acts, the House of Commons intentionally omitted the
Act which for fifty years had controlled, and in fact de-
stroyed, the liberty of the Press.
The Lords inserted the Act, and the Commons on the Bill
being returned to them with this amendment struck it out.
A conference of the two Houses took place. Edward
Clarke was the Manager for the Commons, and drew up the
reasons for their insisting on the omission.
The Lords gave way and our Press was freed.
The second notable Edward Clarke, and curiously enough
1 Macaulay's History, 4, 542.
A NAMESAKE 3
the three were contemporaries, comes still closer to my own
career, for he was a Sir Edward Clarke who was Treasurer
of Lincoln's Inn.
The Black books of the Inn have helped me to trace the
outline of his life.
He was called to the Bar in November 1600, and after
serving the office of Pensioner (or collector) to the Society,
in which capacity I regret to say he was fined 5 for " col-
lecting soe little and having a deficit in his accounts," he
was called to the bench in 1626.
He was then Sir Edward Clarke, and had some years
before been appointed Recorder of Reading.
So far from being remiss in money matters there, he
demanded fees which the burgesses thought so extortionate
that they appealed to the Earl of Wallingford, then high
steward of the borough, asking him to fix the salary. He
fixed it at 6 a year, and this was agreed to by the corpora-
tion. But Sir Edward continued to exact larger fees ; and
so by resolution of the majority of the principal burgesses
he was removed from office and a Mr. Saunders elected in
his place. Then long controversy went on, and in 1625
Sir Edward was readmitted to office, but it was decided
that he should share the fees equally with Mr. Saunders.
This did not please him at all ; and a few years later a
new charter was granted to Reading and, it was thought
through the influence of Archbishop Laud, he was restored
to the sole enjoyment of the Recorder ship. He seems to
have saved money at Reading, for the entry in the Black
book of Lincoln's Inn which records his appointment as
a bencher goes on to say that he offered to lend the Inn
50, " which kind offer the members of the bench doe
lovingly accept." Perhaps when he made this offer he
thought he was to have all the emoluments of the Recorder-
ship instead of sharing them with Mr. Saunders ; and
oddly enough only a month after he offered to lend the
50 he paid the Inn 10 to be released from the promise.
He was Keeper of the Black book in 1631, and the records
kept by himself state that he " did lend money to the Inn."
4 INTRODUCTORY [CHAP, i
The wisdom of his paying the forfeit of 10 was shown by
an entry in June 1632 that " Sir Edward Clarke agreed
to accept 100 in satisfaction of the bond for 150 due to
him from the House." In 1633-4 he was Treasurer of the
Inn, and his arms are in one of the south windows of the
Chapel. He had a prosperous year, for the receipts were
641 us. n^d. and the payments 483 us. 4^., leaving a
profit to the Society of 158 os. j%d.
It appears that he, on May 23rd, 1633, called his son to the
Bar ; a very exceptional pleasure which I as Treasurer also
enjoyed when I called my younger son on November igth,
1906.
The third of my namesakes was another Sir Edward
Clarke who was an interesting figure in the roll of eminent
citizens who have filled the great office of Lord Mayor of
London.
He was born in 1627, and was apprenticed to his uncle,
George Clarke, a mercer in Cheapside.
When William III and his Queen made their first visit
to the City and, with the Prince of Denmark, were enter-
tained at the Guildhall on October 29th, 1689, two aldermen
were knighted, and one of them was Edward Clarke, then
Alderman of Broad Street Ward, who was elected one of
the Sheriffs at the next election of Lord Mayor and Sheriffs,
which took place on May 26th, 1690. In the same year he
was Master of the Merchant-Taylors' Company, of which
he had been Warden in 1687 and 1688.
In 1691 he was one of the Commissioners appointed by
the Common Council to report upon the office of Remem-
brancer, who reported in the next year. Then in 1697 he
was Lord Mayor. It was an interesting year of office, for
the Corporation gave a great reception to William III
when he returned to England after the Peace of Ryswick,
and the Lord Mayor and Sheriffs attended the thanks-
giving service held in the yet unfinished new Cathedral of
St. Paul's.
He died in 1703, and was buried in the Church of St.
Matthew, Friday Street, to which he and Thomas Sandford
1800-36] MY FATHER 5
(probably a brother churchwarden) had given the front of
the gallery and the King's arms, and where a tablet in
the south aisle recalls his memory.
My great-grandfather mentioned above was not, I believe,
a very clever or very successful man. A son or nephew of
his went to Australia, and by and by became a millionaire
and the first Australian baronet.
As the family fortunes declined one son drifted to Bath,
and was there employed at the York House Hotel.
He was fortunate in obtaining for his only son, my father,
who was born at Axbridge in 1800, a start in life as
apprentice to the Paynes, a long-established finrr of silver-
smiths, who carried on business at the south-east corner of
Union Street and Quiet Street, Bath.
Here, from 1813 to 1820, my father was employed ; and
he always spoke gratefully of the way in which he was
treated, and the friendly interest which the members of the
firm took in his subsequent fortunes. He happened to be
at Axbridge in 1815 when the coach came in covered with
laurel, and bringing the news of the victory of Waterloo.
At this time Bath was the most fashionable of English
towns, and he remembered seeing Lord Liverpool and
Canning and Wilberforce talking together at the door of
the shop in which he served, and at which Liverpool and
Canning were occasionally customers. When his appren-
ticeship was ended, he came to London, and was an assistant
at a shop in Oxford Street, and one at Wilderness Row,
Clerkenwell, before he found employment in which he
stayed for some years in the service of Mr. Croswell, who
kept a small jeweller's shop in St. Paul's Churchyard, just
opposite the north door of the Cathedral. The manage-
ment of the business was left to my father ; he had a good
salary judged by his modest needs ; for some time he had
been engaged to a very pretty girl at Bath, so in 1836 he
went down to that city, put on the blue-tailed coat with
large brass buttons which was then the regulation wedding
garb ; went to Bathwick Church by back streets because
he looked so conspicuous, and was married to Frances
2
6 INTRODUCTORY [CHAP. 1
George. He was fortunate indeed in finding such a wife.
My mother was then twenty-six years of age, ten years
his junior. She was slight and graceful in figure ; her face
was of delicate and pensive beauty with fine dark eyes ;
her manners were quiet and reserved ; not highly educated,
knowing no language but her own, with music for her only
accomplishment, she had read much of the graver kinds of
English literature, and her exceptional strength of char-
acter, blemished as it was by a gloomy Calvinistic theology,
was the fitting supplement and corrective to my father's
gay and somewhat careless disposition. Her father had
been in business at Bath, and after his death his widow,
with the help of this daughter, managed the depot of the
Society for the Promotion of Christian Knowledge at
Milsom Street, Bath, and it was from that occupation in
one of the most beautiful towns in Europe that the young
bride came to the modest lodgings in Northampton Street,
Clerkenwell. She burst into tears when she saw the ugliness
of the great wilderness of bricks and mortar which was to
be her future home. But, the first tears shed, there began
a life which for many years was one of almost unclouded
happiness.
In July 1837 a girl was born ; and christened in the
mother's name. In May 1839 the arrival of another girl,
called Margaretta, after my mother's only sister, was some
disappointment, but in that year there was much to think
of in the excitement of the daring step being made of setting
up a business in the new King William Street which had
but lately been completed.
It was a bold venture. The rent of the house, where,
according to the wise habit of those days, the family would
live over the shop, was 90 a year, and severe economy had
only enabled my father to save 200, which was his entire
capital. To start a jeweller's and silversmith's business on
such a capital seemed madness. But all who knew my dear
father loved and trusted him. The wholesale dealers in
every branch of the trade helped the man whose character
of instinctive honesty they had learned to trust and there
1841] MY BIRTH 7
was one firm, that of Eady & Paris of Red Lion Street,
Clerkenwell, of whose unfailing and most generous kindness
during a struggle which lasted forty years, I cannot think
without emotion and the deepest gratitude. 1
The experiment was from the first a fair success.
The happiness of the home life was increased by the
more constant companionship now rendered possible, and
its measure was filled when on February I5th, 1841, the
first son was born.
1 The first Company dinner I attended during my short Membership for
the City of London was at the Goldsmiths' Hall, and the Prime Warden
was Mr. Frank Eady, the son of one of my father's old friends, and at that
time (1906) the head of the old firm.
CHAPTER II
CHILDHOOD : 1841-1850
OF the history of my first ten years there is little to tell.
In truth the incidents of childhood are of little importance ;
what really matters is the character of the home, the
atmosphere in which the young life learns to think. And
before I mention one or two incidents which remain in my
memory and happened before I was ten years old, I will
try to sketch the home in which it was my good fortune
to be brought up. It was a home of small space and of
narrow means.
My dear father was of a simple, kindly, and most generous
nature, which shone through clear blue eyes and in a sunny
smile. H e had little education. I do not remember his ever
reading a book ; his reading was confined to The Morning
Herald, which was diligently studied in the frequent intervals
of leisure which the character and small extent of his
business gave him.
But his nature was not without refinement. He had a
sweet tenor voice, played well on the flute, and was fond
of music and the dramatic art. And he had some un-
trained skill in ivory carving. Where or when this was
acquired I do not know ; he never in my recollection did
any such work, but an excellent little figure of Napoleon
and one of a sleeping child, both carved by him, were
among the most precious of my mother's few treasures.
His only pleasures outside his home were the occasional
meetings of the Candlewick Ward Club at the White Hart
in Cannon Street, and the rarer dinners of the Cooks' Com-
8
1841-50] THE SHOP 9
pany, to his membership of which ancient guild he owed
the fact that he never in his life served on a jury. 1
A very rare visit to the theatre when he took me to see
one of Shakespeare's plays was an indulgence of which my
mother's severe opinions did not allow her to approve. I
was the only one of the children permitted to share this
dangerous pleasure. My father had not some of the qualities,
whether of merit or defect, which help to success in business.
He had abundant industry, but little energy. The in-
grained conservatism of his nature made him continue for
forty years exactly the same methods of trade as he began
with when he went to King William Street in 1837. No
change was ever made. The same formal row of candle-
sticks and dish covers filled the top of the shop window.
The same little cards with sets of studs upon them and the
unchangeable price neatly written under each set, the same
trays of rings, the same rows of hanging chains, were seen
in the same places year after year. In the glass case on
the counter the same pencil cases and smelling bottles and
plated spoons and forks waited year after year for the
expected purchaser. So it is not wonderful that the
business did not grow. Old friends were very faithful;
attracted and retained by his cheerful gratitude to any one
who came to buy, and by his manifest and absolute honesty.
He was indeed a gentleman by nature. Incapable of a
mean action or an ungenerous thought ; his heart always
youthful in its frank delight at any piece of good fortune
which came to him or to another ; his life ruled by a devout
religious feeling which knew little of creeds and dogmas,
yet gave him hope and courage and strength, and was to
him indeed a habit of goodness.
I thank God for this, one of the greatest of the blessings
that He has showered upon me, that He set before my
childhood a pattern of life so lovable, so noble, and so pure.
In my dear mother he had a companion of a different
1 In June 1906 the Cooks' Company did me the honour, never paid to
any one else, of presenting me \yjth the honorary freedom and livery of
the Company,
io CHILDHOOD [CHAP, n
and, on the intellectual side, a higher type. At the depot
at Bath she had opportunities of improving her education
which she did not neglect. She had read much and acquired
a habit of reading chiefly history and the theology of the
seventeenth century. She had little training in music,
but she sang sweetly, and played the piano with ease and
taste. She was a devoted wife and mother. To her home
and the teaching of her children all the thoughts and activi-
ties of her life were given. Her acquaintances were very
few, and as we grew older they fell off through neglect.
She was not indeed of a character which invited the
lighter friendships. With strangers she was cold and
reserved in manner. Absolutely devoted as she was to
her husband and children, it seemed as time went on that
it was the devotion of duty rather than of love. In her
a sweet nature had been, by the incidents or influences of
her early life, rendered somewhat hard and unsympathetic.
What those incidents were I never knew. There was
always a strange reticence on the part of both my parents
about that early life. Her father was never mentioned ;
her mother very rarely. Indeed the statements that I
heard that her father's name was Henry George, that he
was a hairdresser in Bath, and that he there committed
suicide, always seemed something of a myth. There was an
old woman named Betsy, who used to come to the shop
once a month, and there receive from my father in almost
absolute silence on both sides a certain small sum of money,
of whom we children used to speak to each other mysteri-
ously as being connected with some secrets of the past.
Whatever the cause the severity of character was fixed.
Especially in its religious aspects. My mother was a rigid
Calvinist in her creed, inexorable in her judgement, espe-
cially in cases of immorality ; fond of the severities of the
Old Testament, strict in the precise observance of the
Sabbath, and in abstinence from theatres and public dances,
and from the lighter forms of literature.
The government of the little household, its admirable
economies, and the intellectual side of our training, came
1841-50] THE HOME ii
from her, but my father's sunny spirit gave life and cheer-
fulness to a home which otherwise would have been gloomy.
I said it was a home of small space and of narrow means.
From first to last my father's income only averaged and
rarely exceeded 300 a year after paying rent and taxes.
Upon this income my mother and he brought up a family
of six children, who all had a good education, and a home
of comfort and of some refinement. The house itself was
cruelly small. Besides the shop there were only four rooms,
a sitting-room, two bedrooms, and a kitchen, and it taxed
my mother's skill in management to make life in such a
home consistent with decency and health. In the top room
where the parents slept a little cot held the latest born of
the children. Outside on the landing a bed was placed
for one of the boys. The girls and the maid- servant slept
in the other bedroom which was on the second floor. The
cook slept in the kitchen. The shop-boy slept in the shop
on a truckle-bed before the counter, and when in 1848 the
arrival of a third boy ousted me from the staircase bed, I
also had a folding bed behind the counter in the shop.
That was my sleeping place from the time I was seven
until we left the house ten years later.
The home was crowded, but it was not without refine-
ment. All the family life belonged to the sitting-room on
the first floor, which was dining-room, drawing-room,
library, school-room, and play-room all in one. Let me
try to describe it. A room about sixteen feet by twelve,
narrowed at one end by the slant of the fireplace at its
corner. Two large windows to the street, with low blinds
of a sort of brown gauze. At one end, where the door
opened from the staircase, a large piano with a flat top,
upon it standing the oil lamp, by which at night the room
is lighted, and some piles of music and of books.
At the other end a black horsehair sofa filling the space
between the window and the fireplace. On the wall above
the sofa an engraving of the Queep being entertained at
the Guildhall in 1840, where my father had contrived to be
present in the garb, if not with the occupation, of a waiter.
12 CHILDHOOD [CHAP, n
Above the mantel-shelf a miniature of my mother at the
age of twenty, with hair piled up in curls, and a low bodice,
and short puffed sleeves. On the mantel-shelf a gilt clock,
a vase or two, and the ivory statuettes under glass shades.
In the centre a square school table with flaps which
adapted it to its various purposes. Round the room,
placed regularly against the wall, half-a-dozen horsehair
chairs with stiff mahogany frames and a child's chair or
two. This was all that could be seen, and it was bare
enough. But between the door and the fireplace was the
real treasure-house, a spacious three-cornered cupboard
with shelves round it. Here were books, slates, and play-
things, a large Noah's Ark, some historical and geographical
puzzle maps, games of English Kings and Queens and the
cities of the world, and a box of Loto, which taught us
quickness of eye and was the nearest approach to a game
of chance we were ever allowed to play. In this room,
when prayers had been read and breakfast was finished,
we set to our lessons for the day. As I try to recall the
past I seem to see a little fair-haired girl of twelve my
sister Fanny at the piano, with her mother the never-
ending needlework in her hands sitting by to correct and
encourage. At the table, drawing, is a girl with dark eyes
and hair, two years younger, my sister Madgie, a cripple,
dragging herself about heavily with steel frames from foot
to knee, always an invalid, but always happy in the art
which was the chief resource and pleasure of her life. 1 And
at the sofa on his knees is a small pale-faced boy, deep in
some book, almost certainly a book of history. It was a
happy childhood. When the lessons were over we went
for a walk in Drapers' Gardens or the garden of Finsbury
Circus ; or sometimes went to the Temple Gardens along
the narrow streets which filled the space now opened by
Cannon Street and Queen Victoria Street, or went, again
through narrow streets, to the Tower of London, where we
played in the Moat Garden and rejoiced in childish dreams
1 She designed, as a pupil at the Female School of Art in Queen's
Square, the lace which Princess Louise wore at her wedding.
1841-50] OUR PLEASURES 13
of the history of the Tower. If the afternoon was wet,
there was the unfailing resource of looking through the
window at the changing tide of traffic, or, as customers
were likely to be few and the shop bell could soon be
answered, the dear father would come up and play the flute
to us, or join our games, or sing with our mother the duet
we were fond of, " Rise, fair maiden, chase thy slumbers,"
or take one or two of us on his knees while she sang " Phyllis
is my only joy."
There were other and rarer pleasures. Once a year a
long day at the Zoological Gardens. And once or twice
an old customer, Captain Greet, who commanded H.M.S.
Crocodile, the guardship moored off the Tower, asked us to
come and have tea on board, and the wonders of the ship
itself, and the stories he would tell us of sea life, and the
sight of the Traitor's Gate and the central Keep of the
Tower, made the visit a precious memory for many months.
Now and then we went to a neighbour's house where we
and his children used to learn and practise dancing, and
once a year we had a children's party with a Christmas tree.
Each spring a lodging was taken at Greenwich, and here
for a few weeks we took it in turn to stay with our mother,
and in the glorious heath, the beauties of Greenwich Park,
the wonders of the great clock and ball of the Observatory,
and the pictures and relics in the painted Hall of Greenwich
Hospital, found enjoyments ever exciting and ever fresh.
Now and then my father would come down by train, in one
of the open trucks, without a cover and without a seat,
which then were used for the cheapest class.
Again I thank God for such a happy childhood so guarded
and so trained. Had my parents been people of wealth
and rank they could not have given me a better start in
life ; they could not if they would have given me the same
fullness of parental care.
Of my home life before I was ten years old there are
only two incidents which I clearly recollect. One was the
Chartist riot of 1848. The night before the expected out-
break my father took me out to see the sandbags piled along
14 CHILDHOOD [CHAP, n
the parapet of the Bank of England through which the
soldiers would fire on the rioters. On April loth itself we
were all in anxiety and excitement. The shops were shut.
My father, armed with his special constable's staff, went to
his post of duty on London Bridge. All the morning we
children were at the window, peeping over the brown blinds
and wondering when the fighting would begin. Just about
12 o'clock there was a thrill. A large wagon with about a
dozen men in it, and at its centre a tall pole with the red
cap of liberty on its top, was driven rapidly by, and we
thought the terrible moment had come. But nothing
happened. By and by the special constables came back
laughing and joking, and we heard that the rebellion had
fizzled out before it reached Westminster Bridge.
The other incident was of a very different kind. The
bed behind the counter was a necessity, but it was a hard
trial to a young child. The noises of the street frightened
me, and when they died away the terrors of the silences
took their place. I would lie awake listening for the police-
man's tread which brought a suggestion of protection.
Sometimes a drunken man would reel against the shutters,
and wake me with the rattle of the thin sheets of iron which
were put between them and the shop windows. Some-
times the noise of quarrel or a woman's scream would startle
me from sleep, and leave me in restless and excited wakeful-
ness. Sometimes, and this was the worst, I fancied that I
heard a key in the door, or a chisel at the shutters, or the
sound of some one stealthily moving in the shop. Then fear
became a physical pain. One night it was unbearable. I
sprang up and violently rang the bell. Next moment I was
ashamed and frightened at what I had done. My father
was quick of temper, my mother severe in punishments ; I
had disturbed and frightened them without a cause. Foot-
steps hurrying on the stairs, my father and mother quickly
by me, candle in hand. I pretend to be asleep. " What
is the matter ? Why did you ring ? " Then the futile false-
hood, " I did not ring." They looked at each other ; I
think they understood. There was no scolding ; a few
1841-50] A PAINFUL RECOLLECTION 15
soothing words and they went away, leaving me to sob
myself to sleep in the sorrow and humiliation of having
told a cowardly lie. I do not know what happened after-
wards, but I think I can guess. For a day or two my father
would be kinder than ever. For many weeks my mother
would look at me sadly ; she would make me learn a text
which told of the doom of liars, and she would offer heart-
broken prayers that her erring child might be saved from
the wrath to come. I never rang the bell again.
CHAPTER III
SCHOOL : 1851-1854
WHEN I was nearly ten years old the question where I was
to go to school had to be faced. My father had hoped for a
nomination to Christ's Hospital, but in this he was disap-
pointed, and it was decided that I should go to the Merchant-
Taylors' School in Suffolk Lane, Cannon Street. My name
was duly entered and school books were bought. Two old
ladies named Townsend kept a sort of boarding house
opposite the door of the school, and there it was arranged
that I should dine and prepare my lessons in the evening.
It was within a week of the assembly of the school when I
had a recurrence of the severe and continuous headache
by which I had for several years been troubled. Dr. Lloyd
came over from Finsbury Circus, and on his advice the idea
of a day school was given up, and my father looked about
for a school in the country where I might have less teaching
and more exercise and fresh air. He saw in his daily
paper an advertisement of a school at Edmonton, where
sound tuition, domestic care, good diet, and spacious play-
grounds were offered for the modest sum of 30 a year.
So one morning in January 1851 my mother took me in
the omnibus which started from the " Flower Pot " in
Bishopsgate Street, and was the only regular conveyance
between London and the pleasant country village which
John Gilpin's ride made famous.
It was for me a most fortunate choice.
In an old rambling house next to the Bell Inn, the
schoolmaster, with the aid of three or four ushers and an
invaluable matron, taught and took care of about a hundred
1851-4] SCHOOL AT EDMONTON 17
boys. He was himself a man of no great education, with
a pompous manner and full rotund voice ; a terrible im-
postor so far as school work was concerned, but a shrewd
and clever manager of boys and their parents. His black-
tailed coat, his voluminous white neckcloth and that
unctuous voice, were part of his stock-in-trade, and the
grave deference of his " my dear madam," the tenderness
of his " your dear little boy," won many a mother's heart.
In truth he was a selfish, hard man, capable, as I found
out later, of spite and cruel injustice. The first master
was one Oakshott, a much better type, rough in manner,
but kind and just, and very helpful to boys who tried to
work. He taught me shorthand that is to say, he gave me
a sheet of paper with the characters on it and looked over
a few of my early attempts to write ; and thus to him I
owe one of the two acquirements which represent, so far as
teaching is concerned, the greater part of the advantage I
got from two years of school life at Edmonton. The other
acquirement came from the English master, a shy, awkward,
shambling creature named Plaice. He was a man of some
culture. He had once been an actor, and had risen to be
the understudy of some tragedian whose name I did not
know. By strange by-ways of misfortune, perhaps of
misconduct, he had drifted down to be the drudge of this
school. He spent his holidays there, for he had no friends
to go to, and there were always some boys to be looked
after. He was the slave of the other masters and the butt
of the boys. Condemned to ceaseless labour, with very
little pay, and none of the associations of friendship or
affection which make poverty endurable, he had but one
pleasure the elocution class. While the boys were at
play it was his duty to be always with them, but he walked
up and down, up and down by the playground wall, reading
or reciting scenes from the plays of Shakespeare. He soon
took to me. I was very little, very quiet, not used to the
roughness of lads mostly a little older than myself, and he
befriended me and gave me the treasure which was all he
had to give. I was already fond of poetry, and in my home
i8 SCHOOL [CHAP, in
teaching the invaluable art of elocution had not been for-
gotten. I had been used to read aloud and to recite the
hymns and religious poems which were thought to be
suitable. Now a new literature came within my ken, and
I used to walk up and down with him listening to his
recitation. Soon he took me in hand and was very kind and
patient with me, and at the end of 1851 when a play was
performed in the school-room by the elder boys, I came
on between the parts and recited Othello's " Address to
the Senate."
It seems absurd to say it, but I think it was in the year
1850, when I was only nine years old, that the idea of some
day being a Member of Parliament first came into my mind.
It happened that in the summer of that year I was at home
when a great event occurred. The last great debate in
the temporary House of Commons which had been used
since the fire of 1837, t ne Don Pacifico debate, had been
expected to end in the downfall of the Whig Government.
For five years, since the betrayal of 1846, there had been
division in the Conservative ranks. Sir Robert Peel and
the notable group of his followers Sir James Graham,
Sidney Herbert, and Gladstone among them had sat on
the front Opposition bench alongside the Tory leaders
Lord George Bentinck and Disraeli, but without having
any party association with them. There were no com-
munications between the two sections as to the conduct
of business or debate. But in view of the Don Pacifico
discussion with its hopes of victory (promise of victory and
office) this isolation was broken down. In joint council
it was arranged that Disraeli should close the debate and
that Gladstone, who then made his first speech on a
question of foreign politics, should follow Lord Palmerston.
Alexander Cockburn, called up from his work on the
Western Circuit and earning for himself the Solicitor-
Generalship six weeks later, and ultimately the Lord
Chief Justiceship, by obeying the summons which Crowther
refused, said in his speech, with a strange disregard of
parliamentary usage, that he supposed they must now
1851-4] PEEL AND WELLINGTON 19
consider Gladstone as the leader. " Gladstone vice Disraeli,
am I to say resigned or superseded ? " The attack did not
succeed. At 4 o'clock in the morning of Saturday June 2Qth
the division was taken and Ministers had a majority of forty-
six. But the joint action of the Peelites and the Tories
seemed to promise that the quarrels of the last five years
would be forgotten and that Peel and Stanley, Disraeli and
Gladstone, would thenceforth act and probably very soon
triumph together.
It was otherwise decreed. At 4 o'clock on that Saturday
afternoon as Sir Robert Peel was riding slowly up Con-
stitution Hill his horse stumbled and the rider was carried
back to Whitehall Place to die. He lingered for three days.
On the Sunday afternoon my father took me to Whitehall,
and there a scattered crowd loitered up and down Parlia-
ment Street watching the house where he lay. The scene
made a great impression on me. And I doubt not that
before we reached home I knew all that my father could
tell me of the life that was so soon to end.
In 1852 I may as well describe the scene now, for it
hangs in my memory as a companion picture I was brought
up from school for a few days to see the funeral of the Duke
of Wellington. On my young mind the solemnity had a
great effect. The night before the funeral my father took
me to Ludgate Hill, where in the flare of torches workmen
were setting up great barricades of wood, while all round
one heard the hammering at stands and balconies, and
saw the black hangings at the windows. Early next day
we all went in a cab over London Bridge, returning across
the Suspension Bridge at Hungerford as the only way by
which we could be sure of reaching Buckingham Street,
Strand, where at the London office of a Sheffield silversmith
with whom my father dealt we were promised a window
to see the funeral procession. The view was not very good,
so my father took me to the end of the street, where for
a shilling or two we were allowed to stand on a wooden box
or table.
There we waited while the crowd grew dense. At
20 SCHOOL [CHAP, in
12 o'clock guns told us that the procession had started,
and by and by we heard in the distance the heavy tread
of the soldiers. On they came ; thirty thousand marching
in the procession. The Rifles in their dark uniform, march-
ing with arms reversed, came first. Then for half an hour
the monotonous tramp of feet, the colours hung with crape ;
the muffled drums beating to the funeral march ; the guns
throbbing in the distance. Then after many carriages
came the dead soldier's horse led along with the boots
reversed hanging from the saddle. Last the great funeral
car, the hat and sword on the coffin which looked strangely
small on its massive stand. And the silver trumpets of
the Life Guards in the wailing tones of the " Adeste Fideles."
All lookers-on uncovered ; the people round me sobbed
like children, and my father, always of quick emotion,
could hardly stand ; and I carried away deeply graven on
my memory a scene which has never in my recollection had
a parallel.
I return to the story of my life at Edmonton, but there is
not much to tell.
During my second year there my schoolmaster and I
came to love each other very little. I do not quite know
how it came about, I suppose it was partly my fault, and
yet I know that I was very keen to learn and that it troubled
me much to think how grieved and disappointed my parents
would be to hear bad accounts of me. I had at first done
so well. The reports were excellent ; I was in the school
roll of honour from which a single punishment would have
excluded me ; although quite a junior boy I was made
monitor of my dormitory ; I got into the second eleven of
the school at cricket; my holiday tasks were, of course,
always well done. But something went wrong. I think
the trouble began by my resenting some rough treatment
to which I or another was subjected. Whatever the cause
my last six months at Edmonton were a perpetual storm.
I remember being beaten three times in one day, twice in
the schoolroom and once in the bedroom ; once for some
misbehaviour in school, the other times because I would
1851-4] I LEAVE COLLEGE HOUSE 21
not beg pardon or cry. I should have liked to cry. It
might have made the pain seem less, or at all events have
saved me from more, but I would have died rather than
cry until indeed I was alone and it would not be a triumph
for my tyrant.
Of course this state of things could only end in one way.
There were violent reports sent home. My poor mother
was in deep distress, and at the end of 1852, after a stormy
interview at King William Street at which I defended my-
self as best I could, the pedagogue took his leave and my
country schooling ended.
I brought away from Edmonton a fair teaching in ele-
mentary subjects ; the two invaluable acquirements already
mentioned, and an abiding dislike to missionary societies,
to which out of our scanty pocket-money we had been
compelled to contribute.
But I brought with me something better than all good
health. The food at school was plentiful and good ;
the hours of study were short ; the playground and the
cricket-field were large and open to the country, and I,
who went there a pale-faced and delicate child subject to
painful headaches, came back as a lad of twelve, not indeed
sturdy or strong, but so much changed for the better that
there was never afterwards any reason for anxiety about
me. I brought with me also one long-abiding friendship.
Robert Pottle, whose father had a newsvendor's business
at the back of the Royal Exchange which he himself after-
wards carried on, was rather older and much stronger than
I, and used always to stand by me in school troubles. He
had a charming mother and two pretty sisters. I became
a very frequent visitor at their house in the New North
Road, and my friendship with him, a manly and generous
soul, lasted until his death fifty years after we first met at
Edmonton.
Again a school had to be found for me, and again there
was found exactly the school I needed. My mother would
not let me go away from home again, so I was sent to the
City Commercial School in George Yard, Lombard Street,
3
22 SCHOOL [CHAP, in
In a low-roofed building, the site of which can easily be
found, for ancient lights have kept down the bank which
has replaced it to a low level of height, one William Pinches
kept a school which he had established in 1830. The
conditions of life in the City of London were very different
from those which are found to-day. Now the square mile
of its area has a population of housekeepers, and caretakers,
and police, and firemen, and there is little need of day schools
for its twenty thousand residents. But in 1841 the traders
and their families lived at their places of business and the
population was over six times that number. From the
first the school prospered. The education was to be had
cheaply. There was no teaching of Greek ; some of the
elder boys learned Latin, for the sake of the grammar and
not of the language ; German was an extra rarely indulged
in ; and French was only permitted as a privilege of the
higher classes. But the essentials of a good English educa-
tion were soundly taught.
To write clearly, to cypher quickly, to read aloud with
intelligent emphasis and to be accurate in grammar and
spelling these the schoolmaster rightly thought were the
essentials. Let these be mastered and everything else in
the way of learning will come when it is wanted. But
many other things were well taught. History, ancient
and modern, geography, elementary science, geometrical
drawing, found their place in an excellent system of in-
struction. And the charge for all this was only six pounds
a year. I will try to sketch the person and the character
of the teacher to whom I owe a great debt of gratitude.
A short, stout, broad-shouldered man, active in move-
ment, precise in dress ; the invariable black tailed coat
always well brushed, the wide open waistcoat displaying a
snowy shirt, at the throat the small black tie under a turned-
down collar which denoted one whose model in youth had
been Lord Byron. A round smiling face above which the
scanty light hair was now silvering. The kindest blue eyes
sparkling through, or more often under, a pair of gold-
rimmed spectacles. A small mouth " where smiles went
1851-4] CITY COMMERCIAL SCHOOL 23
out and in," but close pressed and hard when any fault,
especially if it were a fault of meanness or unfairness,
excited his short-lived anger. A voice clear and strong and
trained to excellent elocution. A patience which nothing
could tire ; a nobility and generosity of soul which shone
through all the monotonous toil of his daily life ; a deep
and earnest piety which found expression in his loving
sympathy with every boy who came under his rule and tried
to do his work honestly this, as well as I can draw it, is the
picture of the man under whom I was so fortunate as to
spend two happy years.
I came to him in a state of mind which fitted me to profit
by the good influences of the school. I was sore and dis-
appointed with the failure at Edmonton, but it was the
unconcealed sorrow of my father and mother which pressed
upon me most. I knew that I had it in me to learn and to
succeed, and I went to George Yard resolved to wipe out
my own shame and their regrets and misgivings. They
were indeed soon wiped out. There is nothing of moment
to tell about the school life of those two years, but it was
a steady progress to the top of the school. There were no
alternations of credit and disgrace ; I never had a punish-
ment ; I do not think I ever vexed the dear master whom
I loved and whose friendship and counsel were given me
until his death.
There was one side of the school life which I must mention
separately. Again my constant good fortune had brought
me to one who found his chief enjoyment in poetry and the
dramatic art. Elocution was taught to all whose parents
had intelligence enough to permit the study. And once a year
an entertainment was given at the Jews and General Literary
and Scientific Institution at Sussex Hall, Leadenhall Street.
I was in my time the show boy of the school. At three
of these Christmas gatherings (for my supremacy was so
great that, contrary to all rule, I was asked to recite a year
after I had left the school) I spoke the last piece in the
programme. These were great nights. The hall was
filled with parents and friends. The boys were in their
24 SCHOOL [CHAP. Itt
evening dress of black jacket and black tie, the master sat
at the side of the platform with lips moving as he followed
every word of every recitation, and his kind eyes sparkling
with fun or fire according as the piece was gay or grave.
I had no rival present in the school, but even I could
not hold my own against the memory of one who had just
left. Whenever I had done anything particularly well I
used to hear " Very good, Clarke, very good, but I wish
you could have heard Brodribb say that." I used to hate
that absent paragon, but did not know him until many
years later, when I met him at Hain Friswell's house in
Great Russell Street, and formed a close and long enduring
friendship with Henry Irving.
One word more on the subject. The habit of learning
poetry, early acquired and diligently kept up, has been a
comfort and companionship to me ever since, and the
pieces I recited at Sussex Hall Coleridge's " Ode to Mont
Blanc," Campbell's "Hallowed Ground," Bell's "Mary
Queen of Scots," Halleck's " Marco Bozzaris," and Thacke-
ray's " End of the Play" have been precious possessions.
My studies at George Yard came to an end too soon. I
was not yet fourteen, but three younger children had to be
educated, and I might be of use in the shop, so in December
1854 my school life closed.
CHAPTER IV
THE SHOP : 1855-1858
ON January ist, 1855, I nrs t went to help in my father's
shop, and my service there continued until nearly the end
of the year 1858. It was not an unpleasant life, for although
the hours were long and the monotony somewhat irksome,
I had the constant pleasure of the companionship of my
father, and I soon found time for a good deal of reading.
The days were all alike, so I will describe one. At eight
o'clock the shutters were taken down, and while the boy
swept and dusted we had breakfast upstairs. At nine my
father and I both went down and the door was unlocked.
Then I got out the trays of the small and valuable goods
which had been put in the safe the night before, and my
father arranged the window while I brushed and dusted
the things as I handed them to him. Afterwards, but
before customers were expected, some of the plated goods
were taken down and with whiting and brush and rouge
and leather were made as bright as could be. Then came
the time for going to the manufacturers. There were orders
to be sent, goods to be fetched which had been sent for
repair ; requests to be taken for goods wanted for inspec-
tion ; patterns to be asked for, jobs to be taken for repair ;
silver goods which had been sold had often to go to the
engraver. To Eady 's in Red Lion Street, Clerkenwell ; to
Pa ton the jeweller in Northampton Street ; to Kemp
the cameo brooch-maker in Meredith Street, Clerkenwell ;
to Hasluck the jeweller in Hatton Garden ; to Barnard the
silversmith in King Edward Street ; to Day the little
working jeweller in Paternoster Row ; to Stauffer the watch-
25
26 THE SHOP [CHAP, iv
maker in the Old Jewry this was a usual round. It would
take me until dinner time. Then after dinner there were
parcels to take to customers, to Edgar P. Stringer at W. S.
Lindsay's in Austin Friars ; to H. W. Ripley at Mincing
Lane ; to Thomas Treloar at 42, Ludgate Hill ; now and
then as far as to Frederick Salmon, the great surgeon at
Manchester Square. Of course I was not at first trusted
with valuable parcels. But it was soon found that my
errands were quickly done. In truth I hurried along the
streets in dread of the rough boys who used to jeer at me
and sometimes strike me in sheer wanton brutality, seeing
that I was too small to resist. There is a shop in the
Goswell Road, close by the western end of Old Street, which
I never pass without recalling the day when at that spot a
big boy snatched off my cap and flung it in the street,
leaving me to pick it from the mud and laughing at my
impotent anger. In the afternoon there was sometimes
another visit to Clerkenwell.
But generally there was nothing to do until three o'clock.
The customers were so few that sometimes an hour would
pass without the shop door being opened. That was my
happy time. At the back of the shop counter against the
wall was a shelf covered with red baize on which the odds
and ends of the business, jobs repaired or waiting to be
repaired, and goods obtained to be shown to customers,
used to be placed. On that I would put my book.
There was only one stool behind the counter, and indeed
my father did not often indulge himself in the luxury of
sitting down ; he thought it looked unbusinesslike if a
customer came in.
But at this baize-covered shelf I would stand for hours
reading, chiefly poetry and history. I lived for a long
time on Hume and Gibbon and Shakespeare, but Scott's
novels were often in my hand, and my father did not mind
what I read so long as I was quiet and ready to do anything
that was wanted.
At first he strongly objected to books in the shop. His
scheme for my future was that I should work hard a,t
1855-8] A WICKED ACT 27
extending the trade, that some day I should be his partner,
and that after he was gone I should carry on the business in
the name which he was justly proud of having added .to
the honourable roll of City tradesmen. But my mother had
dreams of a different fate for me. My father submitted, as
he almost always did, to her stronger will, and my reading
was allowed to go on.
There was one incident in my early days in the shop
which I am reluctant to record. But I am telling the story
of a real life, not an imaginary one, and I do not think I
have the right to leave it out. One day, yielding to some
temptation for which I cannot account, I stole some money,
two or three shillings, from the till. I forget how the
theft was found out, but it was, and that promptly.
I suppose the loss was noticed, and that the book was
found which I had bought with the stolen money. It was
A Pair of Gloves, by J. Hain Friswell. I can recall the look
of the white bound volume with the picture of a glove on
the cover. I remember my father's anger and my mother's
tears. What excuse was found for me I know not, but I
do not think the punishment was severe. Perhaps they
thought, and if they did they were right, that the recollec-
tion of that sin would haunt me with a punishment which
would last beyond their lives. 1
My first move outside the home life came in a curious
way. A Mr. Selfe, who was the parish clerk of one of the
City Churches, used to hold a Bible class for young men at
Salisbury Square, Fleet Street, in connection with the
Church of England Young Men's Society, which was then
just removing to a house in Fleet Street close to the Church
of St. Dunstan and on its eastern side.
1 It is a curious fact that the story of this book turned upon our stupid
and cruel law which would not allow a wife to give evidence for her
husband. In the story a man is charged with a crime. He has passed
the night on which it was committed with the woman he loves. She
sacrifices herself to save him, confesses she is not his wife, and so is able
to give the evidence that procures his acquittal. It was not until forty
years later that I was able to help in the removal of this stain on our
administration of justice by the passing of the Criminal Evidence Act of
5898. I hope I thereby made some atonement for my sin.
28 THE SHOP [CHAP, iv
I was taken to him by my father, who commended me to
his care, and so I, for the first time, obtained access to a
library. There was also a debating class which attracted
me. But I soon got into trouble.
The air was at that time full of the Romish controversy,
and resentment at the Papal aggression of 1851 was very
hot. Cardinal Wiseman had lately published his Appeal
to the People of England, and the chief occupation of the
debating class was to reply, to their own great satisfaction,
to the arguments of this book.
At each meeting a chapter was read and then the members
in turn tried to answer it. The chief combatant on the
Protestant side was a supercilious young watch-maker in
Farringdon Street named Snosswell.
One night I ventured to suggest that he had not the best
of the argument, and thenceforward I was looked upon
with some suspicion. Again, I found that the library did
not contain a copy of Shakespeare's works. So in the
suggestion book I proposed that one should be bought.
Snosswell was shocked, and his name headed the list of
those who protested against the purchase. The Society
was pretty evenly divided, and the Committee endeavoured
to please both sides by getting a copy of Bowdler's edition.
I remained a member for some years and occasionally gave
readings and lectures at the rooms, but I never got any
real good out of the Society, except the friendship of Robert
and George Warington, the sons of the resident chemist at
the Apothecaries' Hall. In later years Robert was himself
a distinguished chemist. George wrote under the title of
" A Layman " the best answer to Bishop Colenso, was
ordained by the Archbishop of Canterbury, wrote an
admirable little book on " Inspiration/' and died early in
South Africa, where he went to try to stave off the attack
of consumption.
It was not long before I found my way to the institution
which did more for me than all the other agencies of self-
culture of which I in turn availed myself.
In the year 1849 two City clergymen, the Rev, Charles
1855-8] EVENING CLASSES 29
Mackenzie, rector of Allhallows, Lombard Street, and the
Rev. Richard Whittington, a mathematical master at the
Merchant-Taylors' School and Evening Lecturer at St.
Peter's, Cornhill, formed a plan to establish in every city
parish, as part of the Church organisation, evening classes
for young men, where the ordinary subjects of commercial
education should be very cheaply taught.
In its original shape the scheme did not succeed. But
a few years later such classes as had been formed were
concentrated at Crosby Hall, Bishopsgate Street, which
by the liberality of Miss Hackett, whom Mr. Mackenzie
interested in the project, was rescued from its degradation
as a furniture warehouse and turned into an admirably
equipped literary institution.
The two founders were both notable men, but of very
different types.
Charles Mackenzie was a churchman of the type then
known as High and Dry. He was a poor preacher ; had
no great literary capacity, nor the contagious enthusiasm
of a great reformer. His manner was sedate, his speech
deliberate ; there was nothing very attractive in the precision
of his language and the calmness, almost severity, of his
aspect. But he was a man of firm resolve, of boundless
courage, and of inexhaustible patience, and he had deter-
mined to give all that he had in time or money or influence
to the service of the young men of the City of London.
" Difficulties," said he one day, " are things to be got over."
And from 1849 to the time of his death in 1888 the heavy
burden of this work fell chiefly upon him.
Richard Whittington was an earnest evangelical in
religion, a quiet unassuming worker, gentle and sympa-
thetic, who gave ungrudgingly all his scanty leisure to
teaching and administering at the evening classes. Yet
during the lifetime of Charles Mackenzie he would always
try to modestly efface himself when any public oppor-
tunity was given for recognising the great work which he
and his colleague were doing. After Charles Mackenzie's
cleath he took the post of Principal, and Chairman of the
3<> THE SHOP [CHAP, iv
Governing Body, and held the last-named office until I
succeeded him in 1898.
At these classes I worked steadily for about four years.
One guinea a year gave (as it still gives) entrance to the
library and reading-room, admission to the weekly lectures,
and membership of one class of twelve lessons in any subject
in each of the three terms of the year. The classes were
well arranged and with well-trained teachers, and I set to
work in earnest. English history, political economy, French,
and elocution were my principal class subjects, and I be-
came a regular attendant at the debating society. Some of
the classes met at 6 or 7 o'clock, so when I went to them
my day in the shop would end at tea-time instead of as on
other days when the shop closed at 8 o'clock.
But some kind friend lent me a reader's medal for the
library of the London Institution in Finsbury Circus, and
when shop was shut, if it was not a class night, I would run
over there for an hour's reading before supper.
My passion for work soon attracted attention, and Mr.
Mackenzie and Mr. Whittington both took the kindliest
interest in me.
I have a copy of the British Poets in four volumes, in the
first of which is written :
Presented to Edward George Clarke by his most sincere
friend the Rev. Richard Whittington in testimony of the
pleasure he experienced at his distinguished position in a
recent examination at Crosby Hall, May 1856.
That prize sowed the harvest of many others.
I had thus distinguished myself at the evening classes,
and I looked round for a larger world to conquer. The
same year brought a great opportunity.
In 1856 the Society of Arts, inspired by Harry Chester
and Peter Le Neve Foster, set on foot a system of examina-
tions open to all members of evening classes or mechanics'
institutions, and they offered handsome prizes in money.
I with some of my friends at Crosby Hall determined to
compete, and we were examined at the Society's rooms in
1855-8] SOCIETY OF ARTS' PRIZE 31
John Street, Adelphi. At this first examination fortunately
for me there were not many competitors. I went up in
English Literature and English History. Hamlet was the
prescribed play of Shakespeare, and we had to write an
essay upon it. I do not know where I got the idea, it
could hardly have been original in a boy of fifteen, but I
argued, what I firmly believe to-day, that the secret of the
play is to be found in the fact that Hamlet had seduced
Ophelia. I remember nothing more about the examination,
but when the prize list came out the Crosby Hall Evening
Classes had beaten all other institutions ; we had three
prizes out of six. I was first in English Literature ; Thomas
Brodribb (no relation to Irving) was prizeman in French,
and Thomas Ross Howard took the prize in German. It
was a time of great joy at home. Much was said publicly
about the examinations, and the prizes were distributed
by Sir John Pakington before a crowded room at the Society
of Arts.
My prize was ten guineas, a quite magnificent sum ; and
I had much consideration as to what I should do with it.
The decision was left entirely to me, so I spent half the
money upon an edition of Hallam's works in ten volumes,
and the other half was reserved for a walking trip round
the coast of Kent in the autumn of 1858.
It seems to me now that at seventeen I was rather young
to start out alone upon a walking trip, and I dare say my
parents thought so too, for the dear father came down to
Eastbourne with me by a Sunday excursion train to set me
on my journey, and see that I was properly housed for the
first night. What a delight that journey was! With a
bag slung over my shoulder I marched along in the pride
of independence. From Eastbourne towards Hastings I
walked, lingering so long at Pevensey that the night fell
and the great comet spread its bright scimitar in the heavens,
and I lost my way and had to get a friendly coast-guardsman
from a Martello tower to guide me to the little country
railway station at Bexhill.
Next morning to Hurstmonceux, thinking much of Sterling
32 THE SHOP [CHAP, iv
(for I already knew the charming life which was almost the
only thing Carlyle ever wrote in decent English), and on to
Battle and so back to Hastings.
Thence the next day to Lovers' Seat and Fairlight Glen,
and across the hilts to Winchelsea and Rye. The train
was taken from Ashford to Folkestone, for the road would
have been long and dull. But thenceforward I kept to my
walking, and Dover, Ramsgate, Broadstairs, and Margate
were taken in turn.
I wrote a letter home every night, slept like a top,
spouted poetry to myself as I walked along, and came
back in about a week's time with memories that have lasted
a lifetime, and with a good deal of my five guineas left.
That was the first of many tramps. In Surrey and Kent
and Berkshire ; twice in Wales ; in Devon and Wilts and
Cornwall ; round the western coast from Lynton to the
Lizard Point, I have walked with a knapsack on my back,
and have learned to know and love our dear and beautiful
island as only one who walks alone can do.
Two people can no more see a landscape than they can
write a poem. You either know your companion, and
then you talk about the things you talk of every day and
your brain gets no change of air, or you do not know him,
and then you most likely do not talk at all and only in-
convenience each other by your difference in plans and
tastes. One hardly ever sees a knapsack now.
I grieve to note that a pleasure so cheap, so healthful,
so full of independence, is so little known.
I now set to work with more spirit and hope than ever.
That winter the spaces of leisure at the baize-covered
shelf and the hours after the shop was closed were spent
in hard study, and when the next examination of the Society
of Arts was held in 1857 I was first prizeman in English
History, and had a certificate in Political Economy.
The year 1858 brought its examination and its success.
In that year the University of Oxford resolved to hold
examinations open to those who were not members of the
University, and to confer the new title of Associate in Arts.
1855-8] ASSOCIATE IN ARTS, OXFORD 33
Directly the date and subjects were announced I set to
work, and for several months devoted my studies to this
examination.
I was to be examined at Oxford, and when the time came
my father took me there and found lodging for me at the
Maidenhead Hotel, Turl Street. What a glorious time it
was for a London boy! The colleges and gardens and
libraries were all open to candidates. Dr. Sewell of New
(I did not see him afterwards until forty-four years later
when I went to Oxford to enter my younger son at Magdalen
and found him Master of his old college) was the prime-
mover in the new scheme and its indefatigable secretary,
and Professor Donkin entertained us at a soiree at the
Bodleian. There were three or four days of examination,
and then I went home and waited anxiously for the result.
It was a success beyond all expectation.
One morning the list was in the paper, and a letter came
at the same time to tell me that I was first in order of merit
in the first division, and so had the honour of being the
first Associate in Arts of the University of Oxford.
I rushed over to the old school, and the eyes of my dear
old teacher filled with joy as he pressed my hand ; and then
I asked for a half-holiday for the school, and the boys
shouted and rattled the covers of their desks, and another
step in my career was won.
But that year was a momentous one to me in another
respect. I met and fell in love with the girl who afterwards
became my wife. It happened in this wise. The members
of the evening classes used to have an annual excursion.
We usually went to the Rye House, Broxbourne, but in this
year we chose Hampton Court. My friend, Tom Howard,
whom I have mentioned as one of the three prizemen in
1856, brought with him two cousins, Annie and Fanny
Mitchell. From the former, somewhat I fear to his annoy-
ance, I could not keep away. We wandered through the
rooms and gardens of Hampton Court Palace ; we dined
at the Castle Hotel at Molesey and danced in the garden
behind the house. I thought (and I think now) that I had
34 THE SHOP [CHAP, iv
never seen any one so lovable and so sweet. She was very
pretty, with dark hair and beautiful dark brown eyes, a
serious, thoughtful face, lighting up into radiant smiles ;
tiny hands and feet ; her figure small and trim ; her carriage
easy and graceful ; her voice low and musical ; her dancing
perfect.
As the evening drew on some one suggested that we
should walk beside the river on the Palace side to Kingston
and there take train to London. I remember that walk as
if it were yesterday. For me the stars had never shone so
brightly, the river had never looked so sweet. But at
Kingston there was dismay. No one of us had known
exactly how far from Kingston Bridge the station was. We
hurried when we thought our time was short, but without
avail. When we reached the station the last train was
gone. We had to club together our remaining funds and
find a flyman who would drive us to London.
The girls were frightened, and I think Howard and I
were rather nervous as to what would happen, but we
reached home soon after midnight and found our people,
who had been sending from house to house for news, so
relieved at our safety that they were not inclined to scold.
As we drove home that night, there came into my mind
the thought that my life would be a happy one if I could
gain Anne Mitchell for my wife.
That thought was never dispossessed or even disturbed.
There were difficulties and some estrangements. When we
met I was only seventeen, while she was three years older,
and at that age the difference looked serious.
But that day gave me " the noblest master under heaven
the maiden passion for a maid," and from that day no
love for another entered my heart.
Thenceforward her sweet face shone through all my
hopes and ambitions. Before I was nineteen I was engaged
to her, and seven years later I found in the happiness of
marriage the reward and justification of my long faithful-
ness.
In that autumn a great change took place in the home
1855-8] WE LEAVE KING WILLIAM STREET 35
life. The lease of the house at King William Street came
to an end, and the owner asked a rent nearly double what
my father had been paying. The business could not sup-
port such a burden, so a lease was taken of No. 38 (now
No. 71) Moorgate .Street, where the fact that the first floor
was let to a solicitor brought the rent within a reasonable
figure. So in September the change was made. It was a
pain to leave the home in which our happy childhood had
been spent, but to me the change was very welcome. Hence-
forth it would not be necessary for me to sleep in the shop.
To sleep in a bedroom, where I could study at night, and
where I had my books, and where my eyes did not open
every morning to the occupation and association which were
least congenial to me, was a delight no one could measure
who had not gone through my experience of the last ten
years. One evening in September the stock in King William
Street, amazingly small in bulk, was put on a hand cart,
and my father and I walked beside it up to Moorgate Street.
There all was ready ; some new stock had been got in, and
next morning we were in the new shop, hoping that the old
customers would follow and new ones soon be found.
But I was not long there. Gradually my dear father had
been reconciling himself to the inevitable separation.
It was clear that I should not always stay in the trivial
labours and possibilities of the shop. So he had become
somewhat resigned to the idea that he would soon lose me,
and that he must look forward to finding his partner and
successor in my youngest brother. Of my other brother
Joseph I shall have something to say by and by.
Now at the very moment that I needed it one of the
strange and unlooked-for opportunities of my life displayed
itself. I had won a prize at the first examination of the
Society of Arts ; I had become the first Associate in Arts
at the first Oxford middle-class examination ; now for the
first time an open examination was to be held for some
Government clerkships.
Lord Stanley was Secretary of State for India, and he
offered eight writerships in the India Office for competition.
36 THE SHOP [CHAP, iv
The salary was 80, but there were allowances and extras
which would probably raise it to 150. When the applica-
tions came in the authorities were alarmed.
Seven hundred candidates offered themselves. Of these
three hundred withdrew before the day of examination, but
four hundred were actually examined at Willis's Rooms.
I had been working my hardest. There was no question
now of the claims of the shop. Those were set aside, and
for two months I was at work from eight in the morning to
twelve at night. The whole family tried to help me. There
was a little book called A Guide to English History. It
was crammed with dates. All the chief events in every
reign were very briefly stated, and at the end of each reign
there was a list of the notable men who flourished in it with
the dates of their birth and death. I knew that book by
heart from cover to cover. My sister Fanny used to ex-
amine me in it, and before the day of trial I was master of
every date.
No other such examination has ever been seen. In the
great ballroom at Willis's Rooms the four hundred candi-
dates sat each at a separate desk.
Inspectors were walking round to see that there was no
copying and that no books were used.
In the music gallery stood a group of examiners, and if
any candidate wanted to ask a question he had to stand up
and call out his number and an inspector would take his
papers.
It was a great relief when the strain was over, but there
was a month of anxiety before I heard that I had been
successful and had taken the seventh place on the list. The
winners were allowed to take up extra subjects, and I was
examined and got certificates in English History and
Political Economy.
When I went to the Office of the Civil Service Commis-
sioners for this purpose I was told some particulars of the
examination. It had cost about 900.
The limits of the age being wide, seventeen to twenty-
five, a good many graduates of Oxford and Cambridge and
1855-8] I LEAVE THE SHOP 37
London had come forward, and there were a dozen or so of
schoolmasters among the candidates.
In the English Literature paper we had been asked to
translate Hamlet's soliloquy into prose.
An examiner told me that more than a dozen of the
competitors had explained the phrase " When he himself
might his quietus make with a bare bodkin" to mean that
it was foolish of Hamlet to trouble himself so much when he
might earn a decent living by tailoring.
Now that I had succeeded in so hard and so public a
competition the home was joyful indeed.
The dear father was not quite consoled. It was not un-
important that I should be able in future to contribute to
the cost of the household, but after having me with him
daily for four years, I do not wonder that he thought the
shop would be dull and lonely ; but he bore up bravely,
and my days as a silversmith and jeweller were over.
A party was given to celebrate the event. Robert
Pottle and his sisters were there. Tom Howard brought his
two cousins, and my father and mother saw Annie Mitchell
for the first time.
CHAPTER V
LITERATURE, POLITICS, AND LAW I 1850-1860
THERE is a part of my life, and that of chief importance,
which cannot be dealt with in a chronological record of
events. It is the history of influences rather than of events,
a history which must be told if the story of my life is to be
complete, and which would be frittered away if I tried to
interweave it with the narrative which is found in other
chapters of this book. I speak of the growth of those
inclinations and tastes for literature and politics and law
which began to colour my thoughts and dictate my occupa-
tions at a very early age, and which were gradually, and
during the course of some years, strengthening their hold
upon me until they determined the course and objects of
my life. In every young life there is a period in which the
mind and still more the moral character is in its most
sensitive and receptive condition ; when books and friend-
ships and the example of others have their strongest and
most abiding influence ; when the intellect and the soul
are still soft enough to receive, and are yet firm enough to
retain, the impressions which harden into habits of thought
and action. That period varies in length with different
natures and with some begins very early. I think that
with me it was from the age of ten to the age of twenty,
and it was my happy fortune that these ten years of my life
coincided with one of the most notable periods in the literary
history of this country. The years from 1850 to 1860
were the golden decade of modern English Literature.
During the reigns of George IV and William IV and in the
early years of Victoria there had been a marked falling off
in our imaginative literature both in poetry and prose.
38
T*
850-60} LYTTON AND DISRAELI 39
Keats died in 1821, Shelley in 1822 ; Byron in 1824. Sir
Walter Scott lived until 1832, but he wrote no poetry of
importance after 1815 ; and although Wordsworth did not
die until 1850 the same may be said of him.
During the twenty years which followed the most pro-
minent names in poetry were those of Mrs. Norton, Thomas
Hood, and Talfourd, and although each of them left us some
fine poetry, neither could be placed in the first rank.
Again in fiction there had been no great production.
Jane Austen died in 1817 ; and Scott wrote nothing
worthy of his powers after Quentin Durward in 1823.
There had indeed in the interval appeared the chief
works of two most remarkable men, whose literary fame
would have been greater if their lives had not been so largely
devoted to public affairs. They were Edward Bulwer
Lytton and Benjamin Disraeli. There was the great dis-
tinction between them that while Bulwer Lytton was a
novelist who took to politics, Disraeli was a politician who
in his youth, and in the occasional leisure of his later life,
sketched the lighter side and the picturesque aspects of the
political struggle.
Bulwer Lytton did not take seriously to politics until he
was nearly fifty years old, and by that time he had dis-
tinguished himself in four distinct styles of fiction the
historic, the natural, the sentimental, and the mystic.
Rienzi, 1835, The Caxtons, 1848, Ernest Maltravers, 1837,
and Zanoni, 1842, stand at the head of the different groups.
All are produced by an artist who stands aloof from all the
characters he creates, and studies only to give to his work
artistic completeness and finish.
But every early work of Disraeli is the expression of a
bright, eager soul devoted to the study of all the complex
problems of political society, and striving to set forth in the
scenes and studies of fiction the principles which were
afterwards applied with magnificent results to the conduct
of public affairs. And considered only as works of art the
great trilogy of Coningsby, Sybil, and Tancred stand very
high in our literature.
40 LITERATURE, POLITICS, AND LAW [CHAP, v
To me they were very early a delight and an education ;
and my earliest inclinations for political work, the desire
for power in public affairs which seized me early and has
always dominated my life, only to meet with repeated and
final disappointment, was gained by me from the great
teacher who has been the constant guide of my public
action, and the only political leader I have ever known to
whom I would at any time have submitted myself in the
firm conviction that where I could not agree with him in
opinion he was so far more likely to be right that obedience
to his judgement would be the wisest exercise of my own.
The opening of the second half of the nineteenth century
found us with a group of writers who were nearing, or had
but lately reached, that age of thirty-seven which marks
the attainment of the highest level of the faculties of man.
Alfred Tennyson was 41 ; Mrs. Gaskell 40 ; Thackeray
39 ; Browning and Charles Dickens 38 ; Charles Reade
36 ; Anthony Trollope 35 ; Charlotte Bronte 34 ; Froude
32 ; George Eliot, Charles Kingsley, and John Ruskin 31.
Carlyle, Macaulay, Bulwer Lytton, Disraeli, and Mrs.
Browning were seniors ; Matthew Arnold, Coventry Pat-
more, Wilkie Collins and George Meredith had just reached
manhood ; Robert Lytton was a youth of eighteen.
These were the writers by whose works my boyhood was
trained and inspired ; and during the ten years when I was
most receptive there poured forth from the Press a series of
works, almost every one of which I remember to have read
soon after its publication.
It is well to give a list, for there has been no other such
period in all the long history of our literature.
1850. Pendennis, In Memoriam, Christmas Eve and Easter
Day, Alton Locke.
1851. Life of Sterling, Stones of Venice, Yeast.
1852. Esmond, Peg Woffington, Ode to Duke of Wellington.
1853. Hypatia, Bleak House, Ruth, My Novel, Tamer ton
Church Tower.
1854. The New comes, Hard Times, The Angel in the House.
1850-60] THE INFLUENCE OF BOOKS 41
1855. Maud, Men and Women, Westward Ho, The Vir-
ginians, Macaulay's History, Vols. Ill & IV, The
Warden, Clytemnestra.
1856. Fronde's History, Vols. I & II, Scenes of Clerical Life,
Little Dorrit.
1857. Two Years Ago, Aurora Leigh, The Dead Secret.
1858. Andromeda, What will he do with it, Froude's History,
Vols. Ill & IV.
1859. Idylls of the King, Adam Bede, Tale of Two Cities,
The Ordeal of Richard Feverel.
Of these thirty-seven works it is not too much to say that
at least twenty have taken their places among the master-
pieces of our literature, and that during the half-century
which has tested and confirmed their claim no one of these
twenty has in its own class been excelled. It was good to be
living in those days. How well I remember the excitement
month by month of seeing the green-covered parts in which
the works of Dickens appeared, and the yellow covers which
Thackeray had adopted for his ; and the tumult in Pater-
noster Row when Longman gave out to the trade the two
volumes of Macaulay's History. Those happy years when
my young intellect had not been harnessed and bound to
a political party or a professional calling, when the novel
and the poem and the history were like the varied flowers
of a great garden in which it was my privilege to walk, were
years of intense enjoyment. The joy of breathing such an
atmosphere, of living with such friends, who year by year
were filling my young mind with incidents having as essential
truth in the histories we call fiction, as in the fiction we
call history, and with noble thoughts, whose beauty of
literary form kept them in the mind, so that memory was
always sounding the strong, pure note to which all one's
thoughts and hopes and aspirations became as by nature
attuned.
There has been much in my life that has been poor and
trivial, and little worthy of one to whom this treasure and
delight was given, but it would have been weaker and poorer
42 LITERATURE, POLITICS, AND LAW {CHAP, v
by far if I had not in those days of receptive boyhood had
. round me the influences of this noble literature.
It gave me, of course, the desire to be myself an author.
During the second year of my stay at the Edmonton
Boarding-school, I arranged with another young boy that
we would issue a monthly magazine, which I was to write and
he to illustrate, to circulate in the school among subscribers
who were, I think, to pay their subscriptions in steel pens.
Before I was fifteen I had written a play in five acts called
The Serf (not, I need hardly say, the play of that name which
was afterwards produced at the Olympic and acted by Kate
Terry and Henry Neville) and sent it to my good friend
William Creswick, one of the lessees of the Surrey Theatre.
He returned it as unsuitable, and I destroyed the manuscript,
and never again attempted the drama. Then later came
the Journal of the Evening Classes of which I speak else-
where, and my association with The Morning Herald and
Standard and with Henry Morley and The Examiner. In-
deed while I was a student at Lincoln's Inn some of my
friends advised me to turn to literature as a calling, and not
risk the doubtful and heavy labours of the Bar.
I remember a little consultation at J. M. Ludlow's
chambers at 3, Old Square, where Vernon and Godfrey
Lushington, and, I think, Tom Hughes, were present and
F. J. Furnivall tried to persuade me to take up the pro-
fession of letters, and told me how he had been at the Bar
over ten years and had never made enough to pay the
laundress for keeping his chambers tidy. Had I taken his
advice I should probably have been better able to write
a life, but there would have been no life of my own worth
writing. The first definite impression made upon me by
literature which had reference to the future work of my
life was political. Coningsby and Sybil together made me
a politician. Coningsby set me among the great actors on
the political stage ; and gave me hope that there I might
some day play my part. Sybil, dealing as it does with the
noblest principles and loftiest aims of political action,
purified that hope from the mere desire for personal success
1850-60] MY FIRST PURCHASE .43
and display and reward, and filled me with a worthier
ambition. The key-note of Sybil is to be found in the
sentences which close the fourteenth chapter, where the
writer declared that the Tory party in a parliamentary
sense was dead (and this was true in 1845 as it was true in
1906), but that it " still lived in the thought and sentiment
and consecrated memory of the English nation/ 1 and fore-
told that it " would yet rise from the tomb to bring back
strength to the Crown, liberty to the subject and to announce
that Power has only one duty, to secure the social welfare of
the People/'
The last words I spoke in the House of Commons may
stand as proof that the teachings of my great master were
not forgotten or obscured in fifty years of strenuous life.
I hope that the Tory party will regain its influence, for
I believe its principles are an important and even essential
part of our national life. And I trust our leaders will
recognise that when we are anxious to extend the area of
our trade and gain for ourselves Imperial renown, we must
never forget that the first duty of a statesman is to the
poorest of the people, and that to every statesman worthy
of the name the welfare of the people is the highest law. 1
I have no doubt that it was Coningsby which prompted
my choice of the first book I ever bought with my own
money. That was Brougham's Lives of the Statesmen of
the Reign of George III. I well remember having a present
of five shillings given me, and going off to a bookseller's
shop in Holborn to give 45. 6d. for three little volumes,
still in my possession, which contain the best literary work
which that strange genius ever produced.
I had only left school six months when I went to my first
political meeting. The scandalous mismanagement by the
War Office in the early stages of the Crimean War called
into existence the Administrative Reform Association, which
soon became very powerful.
A meeting was announced to be held at Drury Lane
i March i2th, 1906, Hansard, 4th Series, 153, 1048. Selected Speeches, 16
44 LITERATURE, POLITICS, AND LAW [CHAP, v
Theatre on June 23rd, 1855, at which Charles Dickens would
speak. I went to the office of the Association, where the
Post Office now is in King William Street, to ask for a ticket.
I was thin and small for my age, and the secretary called
some of the Committee from their room, and they looked
with amused curiosity at their youngest recruit.
But I got my ticket, and struggled in the crowd up the
gallery stairs, and saw a meeting which I think I have never
seen equalled for intense and angry enthusiasm. Dickens
had never before spoken on a political platform, and had
an extraordinary reception and an extraordinary success.
An attractive presence, a melodious and penetrating
voice, gestures restrained but effective, gave force to a
speech elaborately prepared and full of brilliant phrases.
Palmers ton was the " comic old gentleman." Speaking of
the attacks made by the soldiers in the House of Commons
upon Austen Henry Layard " Assyrian Layard " as he
was called he said that " whereas in Spain the bull rushes
at the scarlet, in England the scarlet rushes at the bull."
I quote the closing passage "Gentlemen, centuries ago,
before arithmetic was invented, our national accounts were
kept by cutting notches upon bits of wood called Exchequer
tallies. The years passed by. Cocker was born and died ;
Walkinghame was born and died ; and at last some
adventurous genius suggested that it would be as well to
keep our accounts with pen and paper. After much re-
sistance and much gloomy foreboding of evil the change
was made. But what was to be done with the tallies. It
would be contrary to the traditions of the public service
to put them to any useful purpose, so they were packed
away under the Houses of Parliament. Presently a flue
was overheated, there was plenty of wood in the Exchequer
tallies to carry on the fire, and the Houses of Parliament
were burned down. The national architect was called in,
and a new palace was built. We are now in the second
million of its cost, the national pig has not yet got over
the stile, and the little old woman Britannia will not
go home to-night."
1850-60] EARLY DREAMS 45
It was on April 29th, 1856, that I first saw the House of
Commons. I dare say Mr. John Masterman, whose bank
was in Nicholas Lane and who was a customer and friend
of my father, gave me an order, and I heard a debate upon
the siege of Kars, in which Layard and Sir Seymour Fitz-
gerald took part.
Next year there was a far more interesting and important
incident, for on March igth, 1857, I t m ^ a crowded room
at the London Tavern, Bishopsgate Street, where Lord John
Russell was addressing an election meeting.
Mr. Raikes Currie had been brought from Northampton
by the Liberals who wished to oust Lord John from the
representation of the City because he had joined the coalition
of Conservatives and Manchester Radicals, who had carried
a vote of censure upon the Palmerston government for
going to war with China
It was at this meeting that Lord John Russell described
his opponent as " a young man from the country/' a phrase
which was used as a line of a popular comic song, and was
a catchword for many years. I stood at the door to see
Lord John come out, and was rejoiced to find that he was
but little taller than myself. There had indeed been some
slight disturbance at the meeting, for the assembled electors
wanted to see their candidate as well as to hear him, and
were not satisfied until his little lordship was persuaded to
stand on a chair and so remedy his deficiency in height.
In the street the ballad sellers were singing and selling a
doggerel ballad the chorus of which ran something like this :
They know me at Tavistock, Bandon and Thetford,
They know me at Stroud, and South Devon and Retford ;
I'm the dear little son of the old Duke of Bedford,
I'm little finality John.
I have very little doubt that as I went back to the shop
I had already in my mind the thought that I might some
day be myself member for the City of London. The hope
never left me ; and it was splendidly fulfilled forty-nine
years later when 16,019 citizens (57 per cent, of the whole
number of the electors) voted- for me and gave me the
46 LITERATURE, POLITICS, AND LAW [CHAP, v
highest honour of my whole life, by making me the senior
member for the greatest city in the world, by the largest
vote which had ever been given to a candidate in that con-
stituency.
At that time, to any one but myself the dream would have
seemed absurd. But to me the only real question was how
I should begin the journey, and the names of Brougham
and Lyndhurst suggested the way. It was not money I was
thinking of then or at any time. I had no idea of the
enormous rewards which, as I now know, are given to the
successful advocate ; but my ambition looked to a career
of public life, the membership of one of the legislative
chambers, and the sharing in the councils of a great political
party.
Nor did I then realise how delightful, how full of intel-
lectual interest, how rich in the pleasantest of surroundings
and companionship, the profession of the law in its more
favoured branch would be.
All I knew was that the Bar was the only road by which I
could hope to make my way into political life at an age
when my ideals and energies would still be fresh.
The way looked difficult, but that was a reason for be-
ginning at once. In another chapter I tell the story of ,my
studies and examinations, but there are a few other parts
of my preparation of which I must speak here. Public
speaking, not merely the preparation of speeches, but the
habit of speaking in large rooms, and to audiences of different
characters, was obviously essential. So in the year 1858 I
offered to deliver one of a series of Thursday evening lectures
at Crosby Hall. I lectured on Joan of Arc, and spoke for
more than an hour without using any notes. It seems to
me now that it was rather a daring attempt for a boy of
seventeen, but on the whole it was successful.
There were two criticisms upon it. My dear mother was,
I think, rather proud of the feat, but she complained of a
constant hesitation of speech which made her nervous from
sentence to sentence lest I should break down. The other
criticism came from a fellow student who was a great
:
1850-60] THE TANCRED STUDENTSHIPS 47
musician, one D. C. Stevens, who soon afterwards went to
South Africa and became one of the Pioneers of the Rand.
He told me my voice was harsh and unmusical, and advised
me to take to singing. I followed his advice, and for some
years was a constant attendant at a choral society. I have
no doubt I gained much advantage thereby. It is only by
singing that one learns to use easily different tones in
speaking, and so avoids the painful monotony which in
Court or Church so often encourages sleep.
The hesitation could only be cured by practice, so for
several years I sought opportunities of delivering lectures
in all sorts of places and on very different subjects. Mary
Queen of Scots ; Sir Walter Scott ; Independence ; Dean
Swift and Lord Bolingbroke were, with Joan of Arc and
Richard Neville, the Last of the Barons, my favourite
subjects, and a steady persistence in this practice quite
cured my nervous hesitation.
My hopes of some day getting to the Bar were much
strengthened by the accidental discovery that some student-
ships existed which seemed exactly adapted to meet my case.
On the steep slope of Holborn which ran down to the
bottom of Snow Hill, where now the Holborn Viaduct
crosses the valley, there used to be some second-hand book
shops, with open trays, and, loitering at one of these, I picked
up a volume containing the history of Lincoln's Inn by one
Spilsbury, the librarian of the Society. Turning over the
leaves I came upon a statement that one Christopher
Tancred of Whixley Hall, Yorkshire, had bequeathed large
funds for the founding of twelve studentships, four in
Divinity, four in Physic, and four in Law.
He had been a bencher of Lincoln's Inn, and his will pre-
scribed that the students in law should be between eighteen
and twenty-three years of age, unmarried and members of
the Church of England, and that they should declare that
they intended to practise in the Common Law Courts but
were unable without help of this nature to obtain the needful
education. This seemed the very thing for me, and I went
back to my studies in high spirits, feeling quite sure that
48 LITERATURE, POLITICS, AND LAW [CHAP, v
when the time came I should have the assistance of Chris-
topher Tancred in making my difficult way to the Bar.
This chapter, in which I have dwelt upon the influences
which during the years from 1850 to 1860 were moulding
my character and determining my career, may fitly close
with a description of an incident which set, as it were, a
seal on both.
In 1860 Lord Lyndhurst still lived, the Nestor of politics,
and I heard one day that he was expected to speak in the
House of Lords. So I wrote to Lord Derby to ask for
admission to the debate, and there came back a letter
franked by him and containing an order, and on May 2ist
I was early in the Gallery of the House. On the back of the
front bench on the right of the Woolsack a rail had been
built, and presently Lord Lyndhurst, received with every
mark of affectionate respect, came to his place. I remember
little of the debate, but no one could forget the scene while
he was speaking. He had reached eighty-eight years of age
that day ; he could not stand unaided, so the rail had been
built for him, and folding his arms across his chest he hung
upon it while he spoke. But the voice was full and resonant,
the argument was closely reasoned, and the perfectly turned
sentences were rhythmical and pointed. Soon after the
speech was finished he left the House, and the scene was a
curious one. In Kenelm Chillingly Lord Lytton advises
a young man to take at an early age to a thirty-five years' old
wig, because he will be able to wear that at any age. Lynd-
hurst had done that, and the worn and deep-lined face
looked out from under brown curling locks, and he left
the chamber hanging on the arm of Lord Ellenborough, the
great Governor-General of India, whose lion-like head
with its splendid sweep of snow-white hair made a strange
contrast.
The Peers rose from their seats and cheered with unwonted
vehemence as he passed among them, and I saw to what a
height of public dignity and regard it was possible for a
barrister to rise without the help of ancestral renown or
family influence.
I
CHAPTER VI
THE INDIA HOUSE I 1859-1860
IT was in February 1859, J ust after my eighteenth birthday,
that I entered on my duties at the old East India House
in Leadenhall Street which was associated with so much of
the history and growth of our Indian Empire ; the house
from which Clive had set forth in 1743 ; the house to which
Warren Hastings had returned in 1785 from his great pro-
consulship, when he was the hero of the day, and had not
yet been made the object of a political attack. In the
examination I had done particularly well in arithmetic, and
I had taken certain extra certificates, so I was given my
choice of the department in which I would serve ; and I
chose the Accountants' branch. This was housed on the
first floor of the building, and I was placed at a pleasant
desk close to a large window overlooking the central court-
yard of the house. Quite close to me was the desk which
had been occupied thirty-five years before by Charles Lamb,
about whose kindly and genial nature and shockingly un-
businesslike habits my colleagues who had known him had
many a story to tell. The porters used to make many half-
crowns by showing to American visitors a chair which they
declared, quite untruly, to have been that which he sat in,
and by selling the very last quill pen which had been pre-
served of those which he had used.
My work was easy, but quite mechanical and monotonous.
It consisted for the most part in copying draft minutes and
letters and in copying into a large ledger the pay warrants
which had been drawn up in another part of the office.
The entry to be made was like this :
Name. Pay. Widows' Fund. Orphan Allowance. Amount.
Smith, Lt.-Col. R. 150 7.10 3.15 *3 8 i5
49
5o THE INDIA HOUSE [CHAP. VI
Forty-two of these entries went upon the page, and then
the leaf was turned over and forty- two more were begun.
It seemed almost a humiliation, after working for months
and passing a great examination which was to mark the
opening of the Civil Service to men of exceptional ability,
to be set down to a task which any fairly taught lad of
fifteen could have done as well as I, but my new position
had a compensation which made me quite content.
I soon found out not only that in the ordinary hours
of work, ten o'clock to four, I could earn an income of at
least 150 a year, but that there was no objection to my
working overtime and so making a very large addition to
this amount. My immediate superior was a Mr. Charles
Davis, an excellent clerk, but a rather rough and not very
good-tempered man, whom I mention here only for the sake
of quoting a thing which he once said to me and which I
have always usefully remembered. I have an impression
that he told me that the great Duke of Wellington was the
author. I had made some excuse for a fault of which he
complained, and he said, " A man who is good at excuses is
never good at anything else."
The head of the room, a very kind old gentleman named
Waghorn, who had been retired from the East India Com-
pany's service in 1834 an( i "then reappointed, and since that
date had enjoyed a substantial pension and a substantial
salary, was much annoyed when he happened to hear that
I was attending classes in the evening, and gave me a solemn
lecture on the duty of giving all my energies to the Govern-
ment which employed me and so on ; but he soon became
my very good friend, and encouraged me to do as much as
I could of the extra work, for which he had to initial my
book.
I used to go to the office at nine and stay until five or
half-past five, and the overtime pay which I was able to
earn during these hours came to no less than 100 in a year.
I had good reason to be content. At this rate I could help
my parents with a substantial payment for living at home,
and three or four years would be sufficient to set aside the
1859-60] KING'S COLLEGE 51
money I wanted for my education for the Bar. And I was
young enough to make the delay of three or four years seem
quite unimportant. I knew I needed at least that time
to equip myself with knowledge which I had so far had no
opportunity of acquiring. I was thinking especially of the
classical languages.
I carried in my mind the firm resolve to become a Tancred
student, and I knew that the Latin language and certain
Latin authors were the chief subjects of that examination.
So I determined to give myself to these studies ; and leaving
the classes at Crosby Hall, which were of a commercial
character, I became a matriculated student at the evening
classes lately opened at King's College in the Strand. A
matriculated student had to attend four classes besides the
divinity lectures, so I chose two easy subjects, English
Literature, taught by Henry Morley, and English History,
taught by Henry Wace (now Dean of Canterbury), and the
classes in Greek and Latin to which I meant to give almost
all my work. The Greek I gave up at the end of a single
term. It was not difficult, and of course I soon mastered
the simpler parts of the grammar, but I was quite satisfied
that it would be of no practical use to me, and I have never
seen reason to regret having given it up. Latin, of course,
I was obliged to learn, so I continued the study with a
diligence which if it had been kept up for the three or four
years for which I was planning would, I dare say, have
given me a fair knowledge of the language and might, indeed,
have enabled me to do what most of our university graduates
cannot do that is, read it with sufficient ease to enjoy
the literary beauties of the classic authors.
Before I pass away from the subject of King's College I
must mention a friendship made there which was of great
value to me. Henry Morley, the lecturer on English Litera-
ture, was one of the most delightful and one of the noblest
souled men who ever lived.
Of his works I need not speak. His history of English
literature is by far the best book of its kind in our language.
He was among the first to procure the issue of the best
52 THE INDIA HOUSE [CHAP, vi
books at prices so low that nearly half a century of improve-
ment and competition has not reduced them. A man of
fine presence, fair haired and fresh complexioned ; strong,
alert, cheerful; his blue-grey eyes lighting with love and
humour, or flashing with anger at any story of meanness or
of fraud ; brave as a lion, gentle as a woman, he fought hard
for truth and justice, careless of toil or obloquy, or of the
sordid considerations which so often cramp the energies and
corrupt the souls of some of the best among us. He was one
whose friendship was so delightful a privilege that I have
been thankful all my life for having been brought under his
influence. If in my own life there have been times when
voices of self-interest have tempted me to be unfaithful
to the truth as I saw it, the inspiration of the teaching and
example of Henry Morley have, I trust and believe, helped
me to keep to the path of duty. He gave me his kindest
friendship. I used (often with John George Watts, another
of his pupils at King's College, who lived at Brunswick
Square, Camberwell, and was a fish salesman at Billingsgate
Market, a man of fine literary taste and himself a writer
of some pleasant poetry) to go and spend a Sunday evening
now and then with him at Upper Park Road, Hampstead,
and there saw the vision of perfect domestic happiness, and
enjoyed a companionship which could not fail to elevate
and teach.
I think that Henry Morley 's interest in me was increased
by the fact of my having become at the age of seventeen
the editor of a regular monthly magazine.
The Journal of the Evening Classes for Young Men made
its appearance in January 1859, an ^ was published by W.
H. Collingridge, the founder of the " City Press." It was a
sixteen-page magazine, and one half of its space was to be
filled by contributions from the members of the classes, who
elected two editors to conduct the work. My colleague,
F. W. Reynolds, did absolutely nothing except sign the
address by which we introduced ourselves to our readers
and that in which twelve months later we said our words of
farewell. For the venture was not a success.
1859-60] THE EVENING CLASSES JOURNAL 53
I quote from the December number :
Over and over again the time for sending copy to the
printer has come, and no essays have been received. We
have been compelled often, amid the pressure of other
engagements, to write matter for the space ; and it has
only been by the constant courtesy of the publisher that the
journal has appeared at its proper time.
Thus, from necessity, and not by any means from choice,
more than half of the literary matter has been written by
one hand. " Tom Brown," " George Guy," " E. D. Ward,"
and " E. G. C." are but different signatures of the same
writer ; and it must be remembered, in excuse for many
shortcomings, that these essays were many of them written
under the most unfavourable circumstances, and in so much
haste that we were often obliged to send them to the printer
without a single reperusal.
The contributions thus referred to were of a varied
character. A life of Burke ; a biography in five chapters
of Charlotte Bronte ; two essays upon modern English
poetry ; an article on " Matters and Men " ; two sketches
descriptive of my walks from Eastbourne to Hastings and
from Hastings to Rye ; two obituary notices of Henry
Hallam and W. K. Prescott, and two short specimens of
very feeble verse, were my contributions during the year.
I am puzzled now to understand how I could find time for
all this work. For my classes at King's College and my
editorial labours did not represent all my occupations of
this kind. I was diligently attending the debating society
at Crosby Hall, where I was the accepted leader of the Con-
servative party, a young solicitor's clerk, one W. R. Stevens,
who was really a brilliant speaker, being the leader of the
Liberals.
And I delivered a few lectures. In the autumn I de-
livered a lecture at Crosby Hall on " The Last of the Barons,"
which cost me a good deal of labour.
And although it is but a trifle I should like to add that
in September an elocutionary entertainment was given at
Crosby Hall by three members of the classes. One was
5
54 THE INDIA HOUSE [CHAP, vi
John Millard, a teacher of elocution, whose daughter
Evelyn has since become a brilliant and successful actress ;
one was William Barlow, a friend and companion of J. L.
Toole at the Walworth Institution ; and I was the third.
It seems a good deal to have been done by a lad of eighteen,
who had to spend three evenings a week at King's College,
and who was at the time busily engaged in the pleasant art
of love-making.
For I was paying diligent court to Annie Mitchell. Once
a week I would leave the India Office early, take Tilling' s
omnibus which went to Peckham by way of the Peckham
Park Road, and generally take some flowers to the dear
girl who would usually be sitting at work at the window.
These evenings with poetry and music and song, and to
me the delight of a first love, brightened all the week.
But how was I to make myself secure that they would
continue. The disparity of age which afterwards seemed
wholly to disappear was then a real and very obvious
barrier ; it seemed absurd for me, a boy of eighteen, to ask
a young woman of twenty-one to pledge herself to share
a future which my own obstinate ambition rendered as
uncertain as any future could be. But not to speak was
almost to invite another to speak, perhaps to win, that for
which I longed ; so I ventured all and asked her to promise
to be my wife. In November 1859 we were engaged.
That engagement did not last long. When I took the
news home my father laughed, and I think my mother cried.
It seemed to them a folly ; and unkind things were unwisely
said, and not easily forgotten.
My dear girl was, I am sure, attacked in the same way,
and it was harder for her to bear. A few weeks afterwards
she withdrew her promise, but I persevered, and three
months later ,our mutual pledges were again exchanged.
For three years our engagement, now and then threatened,
yet remained unbroken.
Pressure was put on me in the spring of 1860, not by
Annie herself, but by her grandmother, to give up my
quixotic idea of throwing up the India House employment.
1859-60] I LEAVE THE INDIA HOUSE 55
Not much was said about it, for I believe the old lady thought
that long before I had saved the money I used to talk of I
should be tired of waiting, and that loving Annie as she
knew I did I should marry her, instead of risking her future
as well as my own by throwing away the certainty of a
sufficient income, easily earned and sure to increase.
How far her forecast would have proved to be right I
cannot tell, for in 1860 circumstances occurred which solved
the question.
In the summer of that year preparations were being made
for removal from the India House to new buildings which
were being put up at Whitehall, and one of these prepara-
tions was a reorganisation of the staff. About a dozen of
the least valuable of the clerks in the different departments
were privately told that their services were likely to be dis-
pensed with upon terms of pension which were certainly
not illiberal. But these clerks knew very well how difficult
it would be for them, after spending years in the enervating
atmosphere of a Government office, to turn to another
employment, and the place was filled with their complaints
and bemoanings. I saw my opportunity. One day I
went to the room of Mr. Sandoz, the Auditor-General, who
was dealing with the matter of reorganisation, and asked
to see him. I told him I was about to go away for my
annual holiday, and wished to know before I went if my
name was likely to be on the list of those who were to leave.
He laughed, and told me I might have spared myself the
trouble of coming to see him. " You did not think/' said
he, " that we were going to get rid of our competition men
when it cost us so much to get them."
" No," said I, " I did not think so, but I thought you
might like to know that if I were put down to leave on the
lowest terms of compensation, a gratuity of one year's
earnings, I at least should not complain as others are
doing."
He became serious at once, and asked if I really meant
this. Assured that I did he asked me to see him again
after my holidays, and meanwhile not to say a word to any
56 THE INDIA HOUSE [CHAP, vi
one as to what had passed between us. So it happened
that when a few weeks afterwards the definite announce-
ment of retirements was made my colleagues at the office
and my friends outside were astonished to find my name
on the list. In October 1860 I left the India House after
a service of only twenty months with a compensation
gratuity of 253.
CHAPTER VII
THE LAW STUDENT I 1861-1864
THE leaving the India House was the decisive act of my
life, and in doing it I felt very lonely. There was no one
who approved. The woman who loved me best and had
the greatest belief in me my mother my sisters and my
future wife, hoped, but hoped very doubtingly, while all
others remonstrated, or avoided the subject and shrugged
shoulders of contempt or pity. I had no doubt at all.
To me it seemed that I had been the most fortunate of
men. In the course of these twenty months I had saved
about 180, which, with the 253 given me for leaving,
made up the sum which I had thought of as enough to
carry me through my studies for the Bar, if I should get,
as I felt sure I should, one of those Tancred studentships,
which, as I before said, I looked upon as intended by Pro-
vidence for my special benefit. The first thing to do was
to ascertain exactly what the examination would be. I
went to see the clerk to the Tancred Trustees, Mr. Bartle
Frere, a solicitor of high standing in his profession, and told
him my story. He was interested, and gave me all the
information he could ; and I have a suspicion that later
on his good offices helped to secure my election. I ascer-
tained that there would be a studentship vacant at the
following Whitsuntide, and that the chief subjects of ex-
amination would be Roman law, certain books of Quintilian
and Cicero, and two books of Blacks tone's Commentaries.
In the Quintilian and Cicero were my chief difficulties. I
had reckoned on having four years for the study of Latin,
and in fact had only had five terms of about twelve lessons
57
58 THE LAW STUDENT [CHAP, vn
each at King's College, and of course my knowledge came
very far short of what was required for such an examination.
It looked very likely that I should fail in this respect, and
that I should have to wait another year or two before I
could fit myself for the competition. But I set to work
at once. I bought the books in which I should be examined,
and went to a private tutor who was strongly recommended
to me by Mr. Charles Mackenzie.
The choice was not a happy one. He was, no doubt, a
good scholar, but he was a strange and unmethodical person,
much given to spiritualism, and not very apt at imparting
knowledge. But I struggled on, and worked hard at the
prescribed books of Blackstone, which I believe I almost
learned by heart, only to have the mortification of finding
when the examination took place that my labour had been
absolutely wasted, as not a single question was put to us
upon the subject.
The date of the examination approached, and I had not
nearly gone through the Cicero and Quintilian. So in
desperation I bought Bonn's translation, and trusting to a
memory which had never yet failed me, I read over the
translation so carefully and so often that I believe I could
reproduce it for any passage of the original which might be
put before me. It was the very worst style of cramming,
and I was heartily ashamed of it, but indeed I had no choice.
In due time I went to Christ's College, Cambridge, where
about twenty candidates were examined. I felt that I did
not do well, and in the viva voce I got into trouble with the
examiners over the word " imperium," to which I erroneously
gave the meaning which it has with the Primrose League,
and not that which it had with the Romans and with Lord
Beaconsfield. If the grant of the studentship had depended
simply upon the examination I believe I should have
failed, for the Trinity Hall men who were in (Francillon the
novelist among them) cannot all of them have known less
Latin than I did.
But other influences were at work on my behalf. My
kind old friend Dr. Thomas Allen of Brighton tried to
1861-4] A TANCRED STUDENT 59
interest Sir Thomas Watson, who, as President of the
College of Physicians, was one of the Trustees, in my favour,
and may have succeeded. But the most important help
came from the Society of Arts. Mr. Harry Chester had not
forgotten my prize takings in 1856 and 1857, an< ^ a resolu-
tion passed by the Council of the Society and signed by
him as Chairman was sent to the Trustees asking them to
elect me to the studentship. They did so, and on June 4th,
1861, I paid my 30 of fees, no caution money was required,
and was entered as a Student of Lincoln's Inn.
The Tancred studentship secured me an income of 95 a
year for the three years which must elapse before my call
to the Bar, and for three years afterwards.
I was delighted to know that my days (or I should rather
say my years) of examinations were over. There was then
no examination required for call to the Bar, so I had no
need to trouble any more about Latin.
I have never opened a Latin book since, and I never found
the slightest inconvenience from the scantiness of my
acquaintance with the language.
So far so good. But I wanted more money yet in order
to keep myself comfortably, and another source of income
naturally suggested itself. This was journalism. To ex-
plain how I attempted this I must go back a little. I said
that the time spent in working at English law had been
absolutely wasted.
So far as the examination was concerned this was true.
But part of that preparation was indirectly of the greatest
value to me. I had been attracted by the announcement
that lectures on Constitutional Law were delivered at the
Working Men's College at Great Ormond Street by Mr.
Thomas Randall Bennett, barrister-at-law. I joined the
class, and was soon on terms of friendship with the lecturer.
He was a somewhat remarkable man.
A barrister of long standing and much ability, he was
debarred from appearing in court by a curvature of the
spine which much deformed him ; but he had a consider-
able practice in advising and drawing pleadings and attend-
60 THE LAW STUDENT [CHAP, vn
ing Judge's chambers, and he always had good pupils in
his chambers. He took great interest in me, and used to
talk to me when his lecture was over, and was greatly
delighted at my election to the Tancred Studentship.
I mentioned to him one day my wish to obtain employ-
ment on a newspaper, and he told me he knew Mr. James
Johnstone, who owned The Morning Herald and Standard,
and offered to give me an introduction to him, suggesting
that I should write a leading article on some public question,
and send it for Mr. Johnstone to consider. So I wrote an
article on public education, then, as always, a matter of news-
paper controversy, and Mr. Bennett enclosed it in a letter
to Mr. Johnstone. The result was a request to call at the
office in Shoe Lane. I went and had a long talk with Mr.
Johnstone and with Captain Thomas Hamber, the editor,
and I came away from the interview with a permanent
engagement to write reviews of books for the two news-
papers, averaging four columns a week, at a weekly salary
of two guineas. This was in August 1862. I began my
duties at once, and for three years I regularly contributed
on those terms, and wrote more than half of the literary
matter which appeared in these papers. Now I felt that
my course was clear. I settled down with much content-
ment to work that was far more congenial than the
monotonous ledgers of the India House. I was regular
in attendance at lectures and classes, and read a great
deal at the library, and occasionally by way of relaxation
went into the Chancery Court (for the Common Law Courts
were too far away) and listened to the speeches of Cairns
and Palmer and Mellish and Rolt.
Resolved that the newspaper work should not interfere
with my legal studies, I laid down a rule for myself which
was seldom broken that I would not do it until after seven
o'clock in the evening. But the course of legal education
is (or at all events was) very easy, and had many holidays,
so there was plenty of time for another study to which I
now seriously devoted myself.
It was the study of rhetoric ; an art so valuable, indeed
i86i-4] THE HARDWICKE SOCIETY 61
so essential to the advocate who wishes to be something
more than a desultory prattler, that one would think no
pressure would be needed to induce the Inns of Court to
teach it or to induce students to learn and practise it. But
there is no teaching at the Inns ; the benchers for the most
part never studied it themselves and have managed to get
on without it ; and I have found students so well satisfied
with their own capacity for saying whatever they want to
say, that I have almost invariably failed to persuade them
to acquire one of the pleasantest, and certainly the best paid
of the arts. I was determined that if I failed to become a
great speaker it should not be from want of trying, so I
embarked on a systematic course of study. Whately,
Aristotle, Quintilian, and Cicero (the classic authors of course
in translation) were my teachers, and I studied the speeches
of great orators especially Erskine and Plunket to find
in them examples and illustrations of the rules laid down
in the books. With the same purpose I became a regular
attendant at the debates of the " Hardwicke Society," the
best debating society I have ever known.
It used to meet in a back room at Dick's Coffee House,
and the attendance was then only from fifteen to twenty.
But among the regular attendants and frequent speakers
were some notable men. Leonard Courtney, Frederic
Harrison, Montague Cookson, and Vernon and Godfrey
Lushington, were very often there, and Giffard and Herschell
and Charles Russell came occasionally.
I was the Honorary Secretary of the Society for four
years (1865-8) and then President (the first, for until
then the senior member of committee present took the
chair) for three years, and I have never ceased to try to
persuade students and young barristers not to neglect the
advantages which such a society offers.
My eldest son was Secretary in 1898, and President
in 1899 ; I dedicated to the Society my volume of forensic
speeches, and in 1904 the Society did me the honour of making
me the chief guest at its annual dinner in honour of my
completing forty years of practice at the Bar.
62 THE LAW STUDENT [CHAP, vn
There was yet another means of education in public
speaking, and I did not neglect it.
From my boyhood the great attraction of the Bar to me
was not that it would be a pleasant and, I hoped, a profitable
occupation, but that it was the only road by which I could
make my way into the House of Commons.
So I wanted as early as possible to become familiar with
the atmosphere of the House, and I wished there to study
the styles and methods of the great masters of debate. My
friend Henry Morley was then editor of The Examiner, a
weekly paper which was published every Saturday morning,
and I asked him to try to get me an order for the reporters'
gallery. There was no great reason for his having one, for
it was only occasionally that a late debate on a Friday
night could usefully be reported in his paper.
But he thought he would like a representative in the
gallery, so with some trouble he persuaded Colonel Taylor
to obtain an order admitting me every Thursday and Friday.
I had this privilege for several years, and made the most
of this great opportunity of study. I was almost always
there on Thursday evening, patiently watching the debate,
practising my shorthand, although it very seldom happened
that I had occasion to take full notes of a speech, always
listening to the speeches of the leading men as lessons by
which I might thereafter profit.
So having abandoned the learning of a superfluous
language I supplied its place by a study much more pleasant
and ten times more profitable ; the more profitable, indeed,
because so few took the trouble to engage in it.
My time would now seem to have been fully occupied.
Mornings and afternoons I was busy at classes or lectures,
or reading in the library, sometimes law, sometimes logic
and rhetoric. In term time I almost always dined in Hall,
for there the dinner was good and very cheap. On Thursday
evening I was at the House of Commons, and on Friday at
the Hardwicke, and afterwards went to the House of
Commons in order to take up to The Examiner office in Wind-
mill Street, if any important debate was on, the latest news
1861-4] WORKING MEN'S CLUBS 63
of the discussion and division. On Wednesday and on
every Sunday I was at Gloucester Cottages, and on three
nights of the week, of which Saturday was always one, I
worked from seven or eight in the evening until two or three
in the morning, reading and reviewing the books which came
from Shoe Lane, where I attended every Friday afternoon
to receive my two guineas and sign the salaries book.
It would seem these occupations were sufficient, but in
1862 I took up another piece of work for which, during
several years, I managed to find a good deal of time.
In that year the Association for the Promotion of Social
Science held its annual conference at the Guildhall, and I
read a paper, afterwards published in the Transactions,
upon Evening Classes for Young Men. As an outcome of
the discussion which then took place a small meeting was
held at Waterloo Place on June i4th, 1862, 1 Lord Brougham
presiding, at which it was resolved to establish a society
whose object should be to bring together in a central and
controlling organisation the existing Mechanics' Institutions
and Workmen's Clubs, and to aid in establishing other
clubs upon the pattern which should be found most popular
and effective. The Rev. T. Rylance, a Church of England
clergyman, the Rev. H. Solly, a Unitarian, who called
himself an English Presbyterian, and the Rev. David
Thomas, a distinguished Wesleyan Methodist, were the
active founders of the Society, which was called the Working
Men's Club and Institute Union, and which by 1912 had
grown into a useful and powerful organisation having 480,000
members and 1,500 affiliated clubs.
I was at the meeting at Waterloo Place, was a member
of the provisional committee, and became the first Honorary
Secretary of the Union.
With Lord Lyttelton as our President, a great deal of
good work was done, and my first experience in addressing
public meetings was gained when I accompanied Mr. Solly
to various parts of London and certain towns in the country
1 On June i4th, 1912, I spoke at the Jubilee Dinner of the Union,
being the only survivor of the founders.
64 THE LAW STUDENT [CHAP, vil
and spoke to large meetings of working men. It is a pleasant
recollection for me that at Willis's Rooms in 1865 I
spoke at a meeting where Lord Brougham presided, and
heard the veteran of eighty-seven say very kind things
about his young supporter of twenty-four.
My work was going on pleasantly, and I was content and
happy, when in 1863 my hopes of the future were suddenly
and heavily clouded. I had taken my betrothed to some
readings at St. Dunstan's schoolroom, where I read Tenny-
son's " Enoch Arden." She was greatly touched by it, and
so I lent her the finest prose version of that story that has
ever been written, Sylvia's Lovers, by Mrs. Gaskell. She
read it, and when next I saw her after she had done so she
told me she could not love me as a wife should love, and
begged me to release her from her promise. I have no
doubt that she had long been urged by her grandmother
to take this step. The old lady was sorely troubled at my
having given up the certain income of the India House for
what seemed the very doubtful chances of a profession.
As she one day said to me, getting briefs was like picking up
sovereigns on the pavement in Fleet Street you might
happen to find them, but then you might not. And poor
Annie had not, I think, much sympathy from her sister and
her friends. I was not a favourite with girls. I am told
that I was conceited and sarcastic, and no doubt ambition
is selfish in its methods if not in its intentions.
Still I do not believe she would have broken off the
engagement if I had not had a rival in her recollections of
a young sailor to whom her first girlish love had been given.
I believe his name was Frederick Day, but I am not sure.
He was never at any time, before or after marriage,
mentioned between us. But I have no doubt that in her
mind he was identified with the Charlie Kinraid in Mrs.
Gaskell's story, and that I represented the much less attrac-
tive Philip Hepburn, and that her declaration to me was
the honest confession of a love which was not wholly dead,
and which the reading of that most touching story had
revived. So we parted. But I refused to be defeated by
i86i-4] IN THE PUPIL ROOM 6$
the shadow of a bygone day. I went back to my work with
an aching heart, but in the circumstances which had brought
about my disappointment I found consolation and some
ground of hope. I had not been ousted by a living rival
who might as soon as I was gone step in and take possession.
The sailor lover might not still be living ; it was unlikely
that he would come back. And the thoughts of him which
my reading and the loan of the book had unfortunately
revived might guard her heart against another even more
strongly than against myself. At all events, she knew that
I loved her. The time might yet come when that faithful
and unwavering love would claim and receive its reward.
' Time and I against any two," I would still wait.
The years of study were nearly half gone. There was, as
I said, no examination to pass, but it was necessary that I
should spend a year as pupil in a barrister's chambers.
Here again my staunch friend Mr. Bennett helped me.
Of course I was anxious that the year should be spent
with him.
I had money enough to pay the regulation fee of one
hundred guineas, and offered to do so, but he would not
hear of it, and gave me the qualifying year without taking
any fee at all. That year was a delightful experience. The
other pupils were Montagu Corry (afterwards Lord Rowton),
Evelyn Ashley, whom I met much later in political life, and
a certain Paul Panton of whom I know nothing but his
name.
In the back room of the chambers was a former pupil
lately called to the Bar, and making a good beginning on the
Oxford circuit, a famous cricketer and one of the hand-
somest and most genial of good fellows, the late Counsel to
the Speaker, Chandos Leigh.
He was the life and soul of the place ; Ashley was a quiet
student ; Corry did not study at all, but came late and
not very regularly, and amused himself by putting the
births, deaths, and marriages of The Times into doggerel
verse.
I had managed to learn a good deal of law, and was, I
66 THE LAW STUDENT [CHAP, vn
think, rather helpful to my kind friend, and he was more
than kind to me, taking pains to direct me in my work and
help me with it and teaching me the delightful science of
pleading, of which he was a master.
His clients were for the most part of good professional
standing, but one of them from whom many cases came was
a solicitor named Leverson, who was afterwards convicted
of fraud and struck off the rolls. The clerk who often
brought papers from him was Charles Bradlaugh.
I was very grateful to Mr. Bennett for the help thus given,
and some years afterwards when I was taking pupils I took
without fee a young student who was not very well off, on
condition that he in his turn should do the same. He gained
success and some distinction at the Bar, and kept his under-
taking, and I believe the series of free pupils thus started
is still continued.
My call to the Bar was to take place in Michaelmas Term,
1864, but it was nearly being delayed by a curious accident.
It was required that the student desiring to be called should
appear before the benchers at a council held a few days
before the call day. On the day fixed for this council I
went to my room at Moorgate Street in the early afternoon
to rest. I had been at work very late the night before, and
lying down on the bed I went to sleep, and woke to find
that it was within five minutes of the time I should be at
Lincoln's Inn. In great alarm, for not only would my call
be postponed, but the postponement might involve the
forfeiture of my Tancred Studentship, which was held on
the condition that the student should be called on the
earliest date possible under the rules of the Inn, I rushed
downstairs, found a hansom, and drove as fast as I could to
Lincoln's Inn. There, as I feared, I found the business was
over, the steward, Mr. Doyle, had gone away with his books
and the Council had broken up. I asked what benchers
were still there, and among the names mentioned was that
of Sir Fitzroy Kelly. I sent in my name and asked to speak
with him. He came out and heard my story, and then
taking me back with him into the room asked the benchers
i86i-4] CALLED TO THE BAR 67
there to recall the steward and have my name entered as
having kept the introduction. Not content with this, he
took me with him to another room and had a long talk with
me about the Tancred Studentship and other matters, and
in after-years he remembered to my advantage the interview
which had been so strangely brought about.
All the requirements were now fulfilled, and on November
I7th, 1864, the dream of my boyhood was fulfilled and I
became a barrister of Lincoln's Inn.
CHAPTER vnl
SOME LIGHTER RECOLLECTIONS
I CAME very early to be a lover of the theatre. My mother
disliked it on religious grounds and would not go, but she
used to take great pains with my reading, and was very fond
of hearing me recite poetry. My father was very fond of
the theatre, and my great treat when I was home for the
holidays from my school at Edmonton was to be taken by
him to see Charles Kean and his wife in one of Shakespeare's
plays at the Princess's Theatre in Oxford Street.
The accident that the teacher of elocution at College
House had been an actor, and that he took a special interest
in me, did much to foster my own inclinations, and reading
Shakespeare and reciting dialogues with my teacher formed
the favourite amusement of my schoolboy days.
It was at the breaking-up entertainment at College House
in December 1851 that I, not quite eleven years of age,
recited Othello's " Address to the Senate," and confessed
that it was true "that I had stole away the old man's
daughter ; true I had married her."
Then came, as I have before related, the City Commercial
School in Lombard Street, where this particular bent of mine
found everything to encourage it. Our dear old headmaster,
William Pinches, was a great lover of poetry and the drama,
and every year the boys gave an elocutionary entertainment
at Sussex Hall, Leadenhall Street, the preparation for which
was to him the greatest enjoyment of the year. When I
went to the school in January 1853 he had just lost a pupil
who was his favourite elocutionist. It was the boy who
afterwards as Henry Irving became known as the foremost
68
EARLY VISITS TO THE THEATRE 69
actor of his time. I did not know him until many years
afterwards, but I was very jealous of him, for when I had
become one of the principal reciters at the school my self-
conceit used to be sorely wounded when after I had done my
very best Mr. Pinches would say, " Very good, Clarke, very
good, but I should like you to have heard Brodribb do that."
One of my school-fellows was nephew of a Mr. George
Behr, who kept the George Hotel which gave its name to
the yard where that school stood, and we two boys were
occasionally taken to Sadler's Wells Theatre, where Phelps
was then in the midst of a management which was very
memorable in the annals of the English stage. He was
himself a fine actor, admirable in elocution, dignified in
bearing, impressive in tragedy and delightful in comedy,
very pathetic as Lear, and with true humour in Sir Pertinax
McSycophant. With him was Henry Marston, sadly
handicapped by an unpleasantly harsh voice, but a fine
actor, the best Ghost in Hamlet I ever saw, and with the
exception of Henry Irving the best lago. Mrs. Charles
Young as Desdemona was delightful.
During the two years 1853 and 1854 I went now and
then to the Princess's, and there I saw the notable revival
of Henry VIII, which was quite equal in the beauty and
completeness of its staging to the famous Lyceum pro-
duction many years later. Wolsey and Louis XI were to
my thinking Charles Kean's best parts ; Mrs. Charles
Kean with less force and less personal beauty than Ellen
Terry had more of queenly dignity and of pathetic grace.
Ryder, a fine elocutionist, made a noble Buckingham,
while Cooper as Griffith showed how much a good actor
can make of a small part.
I was a favourite with my schoolmaster and was admitted
to his private friendship, and so I became acquainted with
his sons. One of them about my own age, Edward Ewen
Pinches, who would I feel sure have distinguished himself
at the Bar if he had not had the fatal good fortune of marry-
ing a rich wife, was my closest and dearest friend for sixty
years. His elder brother Conrad, who published an
6
70 SOME LIGHTER RECOLLECTIONS [CHAP, vin
excellent book on Elocution, kept a school called Clarendon
House in the Lambeth Road, and at one of the elocutionary
entertainments there William Creswick, then in joint
management of the Surrey Theatre with William Sheppard,
saw me and I think took a fancy to me. He put me on
the free-list of the Surrey Theatre, and for a year or
two I occasionally found my way to the Blackfriars'
Road when I could be spared from the shop before the
closing hour.
Creswick (" Uncle Bill " his professional associates used
to call him) was an actor quite worthy to be remembered
with Phelps and Kean. His opportunities were fewer, for
the Old Surrey was much given to transpontine melodrama
(The Orange Girl was one of its greatest successes), but
there was occasionally a Shakespearean Season, and I well
remember one fortnight when Julius C&sar was presented,
and Phelps and Creswick alternated the parts of Brutus
and Cassius. Phelps was at his best as Brutus. Antony
(then considered an inferior part) was very well played by
a young actor named Verner, who died shortly afterwards
in a London hospital.
(Creswick' s health failed, and he went some time later
on a tour in Australia, which did him good financially as
well as physically. When he was coming home some one
told Byron that Creswick was coming back a new man.
" Good heavens," said Byron, "you don't say so. I hope
he is not coming back Sheppard.")
Just before the close of the Crimean War I wrote a drama
of Russian life in blank verse, called it The Serf, and sent it
to Creswick. He wisely rejected it, and I, burning the
manuscript, made an end of my first and last attempt at
dramatic authorship.
My next theatrical recollections are of a very different
kind. At sixteen or seventeen fancies lightly turn to
thoughts of love, and I fell deeply in love, as hundreds of
others were doing then and for many years afterwards,
with the quite too utterly delightful Marie Wilton. I used
to gaze upon her from the pit, and once I left a bouquet at
A QUOTATION 71
the stage door in Surrey Street, and I dare say left a letter
with it. But nothing came of it, and nearly thirty years
passed by before I had the pleasure of knowing her. But
I can almost see her now as she came on the stage in The
Miller and his Men, dragging her master's portmanteau.
In top hat, short skirted coat, white breeches and top boots
she was the smartest, sweetest little tiger ever seen. One
night in the eighties I had to take her in to dinner at Lady
Jeune's. Something was said ; I think she asked a question
about my memory or about my liking for poetry. So I
said in an undertone,
" Oh, I wish I'd never left my mother's extremely humble
but remarkably virtuous roof ever to become a wife.
" But the longest lane has a turning, and the best of
friends must part, and so must the worst of enemies, and
marriage is only for life.
" So I suppose I must put up with the kicks and the cuffs
and the insults and the punches on the head suitable to my
sad situation,
" Till poison or something of the kind puts an end to the
broken-hearted Ravina, or I can sneak out on the quiet
and get an economical but strictly legal separation."
She laughed, and I then confessed my early devotion,
and we had a chat about the old times when she and Patty
Oliver, and John Clarke, and Rogers the broken-hearted
Ravina, were the quartette which made the fame and fortune
of the little theatre in the Strand.
It seemed with me that all roads led to the theatre. In
1859 I went to the evening classes at King's College and
joined the English Literature Class taught by Henry Morley,
who was a great dramatic critic.
He was very friendly towards me, and from time to time
would ask me to go with him to a first performance. And
he took me with him one evening to Westland Marston's
house at Primrose Hill. Here every Sunday evening there
was a very pleasant informal gathering of literary and
theatrical people.
From eight o'clock onward those who enjoyed the privilege
72 SOME LIGHTER RECOLLECTIONS [CHAP, vm
of a standing invitation came dropping in. Cigars were on
the table ; presently sandwiches and decanters of whisky
were set out. Guests came and went without ceremony,
and the host, himself a delightful man of letters, led and
stimulated a conversation which was always interesting
and often brilliant. There I met Mrs. Lynn Linton, a
woman of extraordinary intellectual gifts. There too began
an acquaintance with Moy Thomas which grew to some-
thing closer than acquaintance and lasted many years. And
I think it was there I first met Hain Fri swell, at whose house
in Russell Street, Bloomsbury Square, I afterwards met
Henry Irving, and began the friendly intimacy with him
which lasted till his death. But to me the most attractive
person at these gatherings was the gentle son of the house,
the blind poet Philip Bourke Marston, whose early death
silenced a music which was steadily growing in strength
and beauty.
One evening I went to the house rather early, and found
sitting before the fire with her hair loose upon her shoulders
the most beautiful woman I had ever seen. It was Adelaide
Neilson, who was then the leading lady in Westland Mar-
ston' s play of Life for Life at the Adelphi Theatre. I dislike
superlatives, but I will leave this standing. Mrs. Stirling
told me that Mary Anderson was the most beautiful woman
she had ever seen on the stage. W. S. Gilbert said the same
thing of Julia Neilson. But both admitted to me that
Adelaide Neilson was not unworthy to be put in comparison
with either.
I met Adelaide Neilson several times in later years,
waltzed with her when her husband brought her to the
Scottish Ball, and had the pleasure of rendering her some
little service with my advice in a legal matter. She was in
all respects a delightful person.
For several years my time was so filled with work that
I hardly ever went to the theatre, but soon after I left the
India House I made the acquaintance of another very
charming actress Nellie Farren. A friend of mine who
was in some way interested in the Victoria Theatre took
AN EVENING WALK 73
me there one evening and we went behind the scenes.
Nellie Farren was then "Singing Chambermaid" in the
regular company. She lived with her mother in Richmond
Road, Barnsbury, where they kept a little school, and Nellie,
who had a very small salary, used to walk to and from the
theatre in the Waterloo Road ; sometimes, when rehearsals
were on, twice in the day.
One night she consented to my seeing her home, and we
went through the New Cut to the Blackfriars Road and
turned up towards the bridge. As we came near it an
elderly man who was sitting on a doorstep got up and
touched his hat and said, " Good-night, miss." " Good-
night," said Nellie. " I shall not want you to-night." We
walked on, and when we came to Smithfield two young
men were waiting at a street corner. She bade them good-
night and said, " I have escort to-night, you see, so I shall
not want you." Then she explained that every night these
three waited for her, and walked behind her to see that she
was not molested. The elder man followed as far as Smith-
field, and the young men saw her safe to her own door. It
was a chivalrous service freely rendered. The devotion
of the young men of the Waterloo Road was somewhat
embarrassing, for on Sunday afternoons they would make
pilgrimages to Barnsbury and stand in a row opposite the
house hoping to get a peep at her.
She was soon carried off to other scenes. Alfred and
Horace Wigan were managing the Olympic, and Horace
went round to the minor theatres to try to pick up talent.
He found a prize in Nellie Farren, and soon she was appear-
ing in the burlesque of King Alfred, where I remember
her singing " Musty bread and fusty water, bag of straw
to lie upon and pillow of rusty nails." I do not think
she appeared with Robson in the burlesque of The
Merchant of Venice, in which that wonderful little man
used to play one scene, the lament for his daughter's
flight, as tragedy, and showed the extraordinary range of
his genius.
It was a little later than this that I made the acquaint-
74 SOME LIGHTER RECOLLECTIONS [CHAP, vin
ance of another beautiful young actress, Ada Cavendish,
whose first appearance was in the burlesque of Ixion at the
Royalty Theatre in Dean Street, Soho. It is hardly correct
to call her an actress, for at that time she could not act at
all. She sang very little and could not dance. Her at-
traction was in her beauty of face and figure. She wore
what was then thought a very daring costume, open at the
side as high as the waist and revealing, as she moved some-
what awkwardly about the stage, a leg and thigh of sur-
passing beauty.
A fellow- student of mine at Lincoln's Inn had rooms at
the top of the house at the north-east corner of Lincoln's
Inn Fields, and my acquaintance with Ada Cavendish began
at a supper he gave where she and Lydia Maitland, the
Ixion of the play, were present. For some time I saw her
pretty often. She lived over a shoemaker's shop in Queen
Street, and I remember once going with her to tea with
Lydia Thompson, who lodged in Henrietta Street, Covent
Garden. She often lunched in the little back room of
Creighton's, a pastrycook's shop in the Strand, close to the
old office of The Globe newspaper, which was rather a meeting-
place for actresses. There I made the acquaintance of
Lydia Foote and little Miss Raynham. Ada Cavendish
was a tall and handsome girl, and she told me, I believe
quite truly, that Cavendish was her father's name. It was
but a small salary that she got at the Royalty, and she lived
very quietly and economically. But one day that I met
her I noticed that she was unusually well dressed. She
explained that her father had sent his steward to see her,
and had arranged that in future she was to receive an
allowance through him. Soon afterwards she came under
the tuition of Sothern, and he made her a really fine actress.
Her Mercy Merrick in The New Magdalen and Julie de
Mortemar in Richelieu were very notable performances.
After losing sight of her for many years I met her again
at one of Irving' s receptions at the Lyceum, and then I
used occasionally to call and see her and her husband,
Marshall, who edited The Irving Shakespeare, at their house
A PLEASANT REMEMBRANCE
75
in Bloomsbury Square. An absolute loss of memory put
an end to her career on the stage.
She was the last of that group of my theatrical acquaint-
ances. I had spent many pleasant hours in their company,
and there was not an hour that one of us had reason to
regret or be ashamed of.
CHAPTER IX
EARLY DAYS AT THE BAR I 1864-1866
MY first business when I was a full-blown barrister was
to put my name on a door in the Temple where briefs might
find me. In my choice of chambers I was not very wise. I
still slept and did my newspaper work at Moorgate Street,
but since 1862, when I became an Associate of King's College,
I had no classes to occupy my evenings, and after April 1863
I saw a great deal of the convivial side of student life in
the Temple. There was very much more of this forty
years ago than there is to-day ; a good many men lived in
chambers, and wine parties were frequent. Every call day
there would be two or three such parties, and students and
young barristers wandered from one to another, every-
where welcome and everywhere noisy. It was a merry
crowd, but very few of those who joined it made any
position for themselves in later years. The young Irish-
men were the life and soul of all these parties, and to them,
almost without exception, the habits then formed were
fatal. I could set down the names of eight young Irishmen,
all of high promise, who were students, or barristers lately
called, in 1863 and 1864, and who all were ruined by drink.
I spent one long night sitting alone by the bedside of a man
of brilliant gifts who was raving in the horrors of delirium
tremens.
He, indeed, survived and went back to Ireland with
shattered health to fill for a few years (he died long ago) a
professorship at Trinity College ; but the other seven simply
disappeared. Richard Whitfield was not one of the seven,
but his career was spoiled by these convivial habits. He
76
1864-6] AT 3, PUMP COURT 77
was a delightful companion, full of fun and humour, who
could do almost anything except devote himself to con-
tinuous work. The kindest-hearted and most generous of
men, he would spend or lend or give when he had money
to do it with, but to keep a five-pound note by him for a
week or two was quite beyond his power. I saw his likeness
on the stage in my friend Edward Terry's delightful per-
formance of Dick Phenyl, in Sweet Lavender.
He lived in rooms at the top of Number 3, Pump Court,
and I paid him a few pounds for being allowed to put my
name on the door, and to speak of a small boy, who used to
cook eggs and bacon and make water hot for shaving and
other purposes, as my clerk. I was not there long, for the
rooms were too far up for business, and their general con-
dition and appearance would not have inspired confidence
in the most indulgent of clients. So I soon moved to very
different quarters at 3, Garden Court, where in an excellent
set of rooms on the ground-floor my dear friend Edward
Pinches and I began a joint occupation of chambers which
there and afterwards at 5, Essex Court and more lately at
2, Essex Court lasted for more than forty years.
But I did not spend much time at Chambers. When I
read it was generally at Lincoln's Inn Library, but for the
most part my days were spent in Court.
By a curious provision in the will of Christopher Tancred
the students were required to become members of Lincoln's
Inn, but to declare their intention of practising at the
Common Law Bar. But apart from that obligation I should
certainly have chosen the more active and public branch
of legal work, and there was no question as to which circuit
I should join.
I had, indeed, thought I should like to go the Western
Circuit, partly from my family connection with Somerset-
shire, and partly because the names of Cockburn, Coleridge,
and Karslake had made that circuit pre-eminent, but to do
so would cost me 150 a year in circuit expenses, and that,
of course, I could not afford. The Home Circuit and a
London Sessions were clearly the proper places for a young
78 EARLY DAYS AT THE BAR [CHAP, ix
barrister with no money to spare, so I applied for admission
to the mess of the Surrey Sessions which generally sat
at Newington. I had an odd difficulty at first. My
staunch friend W. R. Stevens was clerk in the office of
Mr. Freeland, the solicitor to the South Eastern Railway
Company, and directly my call was announced in the papers
he procured a small brief which he sent me to prosecute at
the Surrey Sessions some servant of the Company who had
been detected in theft.
I was not yet a member of the Sessions or of the Home
Circuit. But the members of the Sessions Mess thought it
would be too cruel to make me return my first brief, so
within a week or two of my call I found myself conducting
the earliest of my long series of criminal cases. The Surrey
Sessions of that day was rather a curious place. There was
a looseness of professional conduct and a violence and
grossness of cross-examination and speech which would not
now be tolerated. The leader of the Sessions Bar was a
singular person. Samuel Lilley was an Oxford graduate
of some distinction, who was, I believe, a good Hebrew
scholar and had been meant for the clerical office. His
brother the Rev. Isaac Lilley was rector of St. Chrysostom's,
High Street, Peckham, the church where Mrs. Platt rented
sittings in the very early days of my visits to the Peckham
Park Road. But he turned to the Bar, and rather late in
life obtained, by seniority rather than capacity, the lead of
the Surrey Sessions. He had no clerk, and although his
name was on a door in Middle Temple Lane, he was seldom
seen at the Temple. He lived at Peckham, and while his
clients in criminal cases would generally seek him there,
his most lucrative business, that of applying for or opposing
the grant of new public-house licences, was negotiated at
the beer-shop whose occupier was applying, or the public
house which was opposing the application. He had a
powerful voice, a stormy manner, and a ferocity in assailing
an unfortunate witness which I have never seen equalled
elsewhere. When I add the little detail that he always had
a spare watch in his pocket in a little leather bag, and would
1864-6] THE SURREY SESSIONS 79
casually mention that he carried it for sale I have completed
the description. We were never on very friendly terms,
for he was naturally jealous of any junior who threatened
to interfere with his business, and he was not over-scrupulous
in his methods of opposition. My principal friends at the
Sessions were Morgan Howard, a very able man with whom
there was a bond of sympathy, for he had come to the Bar
from Henry Peek's tea warehouse in East cheap, and (a
little later) my dear friend Douglas Straight, a brilliant
advocate, the most genial of companions, and the most
loyal of friends. He and I tried to make the Surrey Sessions
pleasant for each other, and I think with much success.
It seemed to me that my best chance of getting work
early would be at the Surrey Sessions, so I made it a rule
to attend there regularly and stay in Court during the whole
day whether I had a brief or not. When there was no sitting
at Newington I would go in the same way to the Central
Criminal Court. When that was not sitting I would, in the
same regular way, attend the hearing of causes at West-
minster Hall, going chiefly into the Courts where Common
Jury cases were being tried.
One of my rules, and perhaps the most valuable (I have
tried to observe it throughout my career), was to be in Court
five minutes before the Judge took his seat.
At that day the practice was for leaders in the very
front rank to take almost any brief that was offered, even
with very small fees. At the very height of their great
success Huddleston and Day would take ten-guinea or
seven-guinea briefs, and would often have eight or ten cases
in the day's list. They kept at work all day, and gave all
the attention they could to the cases which seemed to want
it most, but it was a thoroughly bad system, the labour
of the Counsel was enormous, and the dissatisfaction of the
suitor often very great. But one result of the system was
that clients had to be careful in choosing juniors who could
conduct the case, and another was that at the beginning of
the day the clerks of these overworked Q.C/s were going
into Court looking for a trustworthy junior to take notes
8o EARLY DAYS AT THE BAR [CHAP, ix
for the great man to use if he should happen to come in.
Often the leader would come in, snub the junior who was
doing his best, dash into the middle of the case, ask a
few trivial and generally mischievous questions, and then
flourish out again to treat some other client in the same
way in the next Court.
The modern practice of giving a leader a large fee upon
the understanding that he will attend to the case throughout
is obviously much better both for suitors and for the Bar.
My other rule was to take great pains with the hand-
writing of my notes. They were for another person to use,
and their being easily read was as important as their being
correct. I soon became known as a note-taker who could
be trusted, and seldom sat unoccupied in Court. If there
were nothing else to do I would take down the names of cases
cited, and note the legal points made in speeches or in the
summing up. Of course my shorthand was of great value.
At the Central Criminal Court my diligence was soon
rewarded. One day a man was being tried before Mr.
Justice Lush who had driven over and killed a child and was
charged with manslaughter.
Sergeant Sleigh defended, and had for his junior, Daly, a
man then in good business at the Criminal Bar, who was
often glad to get some one to take notes for him. I was
doing this, and in the course of the afternoon Daly slipped
out of Court. Presently Sleigh asked a foolish question.
He said to a witness who was describing the prisoner's
driving, " Why, you must have thought he was drunk."
" I am sure he was," said the witness, and Sleigh, furious
at his own blunder, turned round to speak to Daly. I
hastily explained that he had gone away, and Sleigh with
an oath flung out of Court. Presently the speech for the
defence had to be made, and neither Counsel was there. The
Judge was very kind, asked me to address the jury, and
bespoke for me their indulgent hearing.
I did my best, and the jury, after an hour or so of dis-
cussion, gave a verdict of not guilty. 1 At that time it was the
1 Reg. v. Gibson, C.C. papers, 64, 552.
1864-6] THE OLD BAILEY 81
custom for the two Judges and some of the Counsel to dine
with the Sheriffs in the large room at the Old Bailey at
5 o'clock on Wednesday, and I think on Friday. This was
one of the dinner days, and the Sheriffs invited me. The
Judges said complimentary and encouraging things, and
so I was well started in my career in that great school of
advocacy. I should like here to sketch the two men who
at that time were the unquestioned leaders of the Criminal
Bar, and to do so is not to break in upon the story of my
life, because it was by watching their methods and studying
the causes of their success that I trained myself for the
work of later years.
William Ballantine, " the Serjeant," was a man of re-
markable power. Rather over middle height, lean and hard,
with the eye of a hawk. A voice capable of many tones,
but with a curious drawl, half infirmity and half affectation.
A man of slight legal knowledge, of idle and pleasure- loving
habits, but an advocate of quite extraordinary skill. He
could rise to great eloquence, but his great power was in his
cross-examination, which was the most subtle and deadly
that I ever heard. There was a great fascination about
him ; whenever he was in Court he was the most conspicuous
person there, and seemed by instinct to lead or coerce or
dominate judge and witness and jury. His temper was
violent, his humour bitter and sarcastic, but he was the
most generous of leaders. Once at Kingston, before Sir
Alexander Cockburn, in a South Eastern Railway case
which he had not read I was rather importunate in my
suggestions, and he turned on me in Court with " Damn you,
sir, am I conducting this case or are you ? " But before
the trial was over he explained to the Jury that I had been
right, and had only been reminding him of facts which he
ought to have known.
I have often heard him when quoting cases mention his
junior's name, and say he was indebted to his diligence.
His career was finally spoiled by his visit to India to defend
the Gaekwar of Baroda, and the latter part of his life was
spent in exile at Boulogne, only being saved from poverty
82 EARLY DAYS AT THE BAR [CHAP, ix
by the allowance made him by his son, which was generously
supplemented by six members of the Bar.
One of the six was his frequent opponent in Court, the
other leader I wish to describe, Hardinge Giffard, a man of
very different stamp. Short of stature, not distinguished
in appearance or manner, with a voice which though loud
and clear was somewhat harsh and had no persuasive tones
in it, Giffard was by his industry (I am speaking of his early
years in silk), by his great knowledge of law, his strong
masculine sense, his indomitable courage, and his excellence
in the art of arranging and narrating facts, one of the most
formidable of advocates. His scrupulous and absolute
fairness gave him great influence with juries, and his reply
in a criminal case was always worthy of study and imitation.
Closely associated with him as I was for many years I have
not seen much of him in private life since he became Lord
Chancellor, but it has been pleasant to see my old friend
and companion develop into the greatest judge before
whom I ever practised.
It was through his advice that I did not let slip my first
opportunity of addressing a court in bane.
The opportunity came in a remarkable way !
Very soon after my call to the Bar, I think within a week
or two, I heard that a debate was to be opened at the
" Socials " debating society by a young Irishman named
Hans Morrison, who had lately caused a great sensation in
Dublin by the brilliancy and boldness of an address de-
livered to the Historical Society. The " Socials " was a
popular debating society which met weekly at the Rainbow
Tavern, and had a larger gathering than the Hardwicke, as
it was not limited to members of the Inns of Court.
I did not belong to it, but a friend (I think Harry Atkinson,
now Judge Atkinson) took me as a visitor.
There was a crowded room, but just at the time for begin-
ning the debate a letter came to say that Morrison was
unwell and could not attend. The subject announced was
a speech on the Parliamentary Franchise which had been
lately made by Mr. Gladstone, and was known as the " flesh
1864-6] A WELL-REWARDED SPEECH 83
and blood " speech. The committee tried to find among
their own members a substitute for the absent opener,
and failing in this, asked me if I would open the debate.
Stipulating for five minutes in which to arrange a few notes,
I consented. The debate was well sustained, and Digby
Seymour, then one of the most popular leaders at the Bar,
spoke in the course of it and said very kind things about me ;
and after my reply, which naturally was a good deal better
than the opening, I went away well pleased with my evening.
It so happened that there was present a Mr. John P.
Murrough, a London solicitor who had been for a short time
Member of Parliament for Bridport. He stayed after the
debate to sup with some friends, and declared that after
what he had heard that night he would give to me the first
junior brief he had at his disposal. That brief was an
important one.
Charles Windsor, a cashier in a New York bank, had
stolen a very large sum of money, and escaped with it to
England, having managed to conceal the fraud by making
false entries in the books of the bank.
A warrant was issued for his extradition on a charge of
forgery, which was included in the Ashburton Treaty of 1842.
But a writ of habeas corpus was obtained, and the point
was taken that this crime was not forgery, the false making
of a writing which purported to be the writing of another
person, and that it was not within the treaty. McMahon led
for the prisoner, and Murrough, true to his word, sent me
the junior brief. Giffard was on the other side. The case
was argued on April 27th, 1865, before Lord Chief Justice
Cockburn and Mr. Justice Blackburn and Mr. Justice Shee.
When McMahon had finished I thought he had said all
that was needed, and told Giffard I did not propose to add
anything.
" Nonsense," said he, " you give them an argument ;
it will do you good. You want the judges to know you,
and you want to get used to hearing your own voice in the
Courts." So I for the first time addressed the Court in
bane. We succeeded, and Charles Windsor was released.
84 EARLY DAYS AT THE BAR [CHAP, ix
The delivery of this brief, although I did not know of what
enormous importance to my career the case was destined to
be, gave me great hope and confidence as to the future, and
one way in which that confidence expressed itself was in a
resolve again to approach Annie Mitchell.
For two years I had not seen her, but I had heard of
her from time to time ; that her life continued its uneventful
course, that she was not married, and that it was not believed
that any one had taken my place.
My own mind had never changed or wavered ; and on
Sunday, April 23rd, 1865, two years to the day since we
parted, I went to Gloucester Cottages in the afternoon and
asked to see her. She had gone with a friend, a Miss J essopp,
for a walk, which was a favourite one of hers, to the pretty
country cemetery at Nunhead. I followed and found them,
and then I walked back to her home ; went with her in
the evening, as of old, to Camden Church, and before we
parted that night the cloud had passed away in a happy
reconciliation ; and from that day it was my happiness to
enjoy for the sixteen years for which her life lasted her fond
and unselfish and indulgent affection.
So there came back upon my life and character the
strongest of all the influences which elevate and restrain
the habitual companionship of a pure and sweet woman
and the contemplation of marriage with her. It had not
been long enough withdrawn for me to fall into irreparable
mischief. But it would have been better for me if it had
never been withdrawn at all.
My life would have been better ; my conscience clearer ;
my memories less clouded. I think a man should always
marry before he is twenty-six years old ; if his marriage is
so late as that it is well for him if it be preceded by two or
three years of betrothal.
It was about this time that I was relieved from the heavy
burden of my work for The Morning Herald and Standard.
I still held to my rule of never touching it until the
evening, and the consequence was that I was often working
far into the night, and was hardly fit for early attendance
1864-6] I LEAVE THE NEWSPAPERS 85
at Court in the morning. And I had for some time felt
aggrieved by the refusal of Mr. Johnstone to increase my
weekly stipend. The concession made to me was that
something less than four columns a week would be con-
sidered sufficient. But of course this arrangement was
indefinite and not very satisfactory, and there was some
occasional friction.
While I was hesitating to sacrifice an income so important
to me an accident occurred which settled the question. One
day in the parcel of books sent me for review there was a
novel called Blount Tempest, by the Rev. John Montes-
quieu Bellew, a popular preacher, but noted rather as an
elocutionist than as a divine. I thought the book was
rubbish, and I said so in an article which was promptly sent
back with an angry letter from Captain Hamber, the editor.
He said he had written specially to me to ask for a favour-
able review, as the author was a friend of his (I had not
received any such letter), and asked me to write another
notice. I replied as angrily, and absolutely refused to write
anything but condemnation of what I thought a worthless
book. Some severe criticisms of mine had not been pub-
lished, but no attempt had ever been made before this time
to interfere with the free expression of my opinion upon the
works sent me for review. The natural result, not un-
welcome to me, although I should have preferred its coming
about in a more friendly fashion, was that I ceased to be a
member of the staff of the newspapers.
The case of Charles Windsor now had a new development.
The New York bank brought a civil action against him
claiming the return of the moneys he had taken. I forget
how it was that the proceedings in the action were expedited
but they must have been, for the case came into the list for
trial before Lord Chief Justice Cockburn at the Guildhall of
the City of London on July I2th, 1865. Very unusual cir-
cumstances combined to give me the opportunity I am now
about to describe. The case did not come into the list
until the last day but one of the London sittings, when some
of the country circuits were beginning. And Parliament
7
86 EARLY DAYS AT THE BAR [CHAP, ix
had been dissolved on July 7th, and the borough elections
were to begin on the loth. I was third Counsel
for the defendant, Edward James having the leading
brief, and Patrick McMahon, an experienced junior, being
second.
A few days before the case came on Edward James
returned his brief to go and stand for Manchester.
Digby Seymour was put in his place. A day or two later
Digby Seymour went away to fight Southampton. Sergeant
O'Malley now became leader.
On the very day before the case came into the list O'Malley
was called away to his work on circuit, and McMahon went
over to Ireland to contest the seat at Wexford. So when
on the morning of July I2th the case was called on, Sir
John Karslake, Henry James, and Joseph Brown were there
appearing for the plaintiffs, and I alone represented the
defendant. I made an unavailing application for delay,
and then the case went on. I did the best I could in cross-
examining the witnesses, and at about half-past three in
the afternoon the case for the plaintiffs closed. The Lord
Chief Justice asked if I would like to address the jury, or
have an adjournment to the next morning. " Whichever
is most convenient to your Lordship." " No, Mr. Clarke,"
said he, "I want you to do just what you prefer."
" Then, my Lord," I said, " I should like to put my case to
the jury before they go away." He was delighted, and
listened attentively to my speech, and once or twice inter-
posed with encouraging and helpful comment. The next
day I called witnesses and spoke again. I could not win
the verdict, but Sir John Karslake in his reply complimented
me on the ability I had displayed in the defence, saying
that not only had I displayed great ability, but had also
shown in a remarkable degree the qualities of courage and
discretion. And Cockburn was generous in his praise.
There was another friend to me in Court more powerful
than either Cockburn or Karslake The Times reporter.
William Finlaison ("Old Fin" as he was affectionately
called) was the prince of reporters, and a lawyer of great
1864-6] EXTRADITION 87
learning, and was always looking out for opportunities of
helping any young Counsel who seemed to be doing his
work well.
He reported in full the kind sayings of Judge and Counsel,
and I found myself, only eight months after my call to the
Bar, suddenly, and by this extraordinary series of unexpected
events, brought prominently into professional and public
notice.
Truly my speech at the " Socials " was having a great
reward.
A few months later there was another notable extradition
case, which naturally came to me.
The questions involved in the case of Charles Coppin were
not of great importance, but again I was found arguing,
this time before Lord Chelmsiord, with Sir John Rolt, the
Attorney-General, and Hannen against me, and again,
though not successful in my contention, my position at the
Bar was improved, and briefs came in with pleasant fre-
quency. In my first year I earned one hundred guineas ;
and in my second just double that amount.
These two cases had made me very familiar with the
law of extradition. I had not contented myself with
looking up the authorities which required to be consulted
in the cases, but had read much and made very copious
notes upon the general subject of the surrender of criminals
in ancient and modern times.
So I resolved to devote the greater part of the long
vacation to writing a little book on Extradition.
I had much encouragement from Messrs. Stevens &
Haynes, who agreed to publish it and to give me 50 for the
copyright of the first edition. So I set to work at the
Lincoln's Inn Library, and in six weeks completed the manu-
script. I felt myself handsomely paid by the 50, but
I did not know how much the book would bring me in credit
and in fees. A second edition was wanted in 1874, a third
came out in 1888, and a fourth in 1903, and I can count
at least half-a-dozen interesting and important cases which
came to me because I was known as the author of this work.
88 EARLY DAYS AT THE BAR [CHAP. IX
I was now fairly sure of the modest income upon which
we could venture to marry, and we had begun to talk of
our plans when at the beginning of October Mrs. Platt died
at the ripe age of ninety-two. The only difficulty, that of
Annie's reluctance to leave her grandmother, had now dis-
appeared ; a sum of 200 which came to her as a legacy
sufficed to refurnish the little house in which she wished
still to live ; and an income left to her of about 60 a year
was a useful addition to what I was earning. So on the
morning of December 29th, 1866, I left my room at Moor-
gate Street and drove over to St. Giles, Camberwell, where
Annie Mitchell and I were married.
CHAPTER X
EARLY YEARS OF MARRIAGE ! 1866-1873
WE went down to Hastings on our wedding-day and stayed
until Monday at the Queen's Hotel. But that was much
too expensive to be our home for more than a couple of days,
and we took two rooms in a tiny little house in the older
part of Hastings, and there spent the fortnight which we
allowed ourselves for our honeymoon.
Coming back to town we found our little home looking
fresh and bright, and found my father putting on the
drawing-room mantel-shelf his wedding gift, one of my old
shop friends, an ormolu clock, which, with new red chenille
round the glass, was for years the brightest ornament in the
house. In this dear little home we spent seven years of
happy wedded life. It was indeed very small ; there were
only seven rooms, and 33 a year was the modest rent ;
but it was not too small to hold a great deal of happiness.
The Peckham Park Road was not then a mere lane through
a wilderness of bricks and mortar. Number 12, Gloucester
Cottages, was a neat little semi-detached cottage, with its
long garden at the back, and a grass- covered enclosure in
front. A fine jasmine flourished on the front walls.
" Oh ! the faint sweet smell of that jasmine flower," it
seems to have scented my whole life ; and from the windows
one looked over a few acres of market gardens which stretched
away southwards towards the Old Kent Road. We had
only one servant, but we had books and music, and when I
came home to tea and to a long evening in the dear com-
panionship to which I had looked forward for nine years, I
was as happy as it was possible for a man to be.
8 9
go EARLY YEARS OF MARRIAGE [CHAP, x
One evening in the week we gave to the Choral Society
(where, by the by, Rose Her see was a fellow member) ; on
Saturday evening there was a whist party and bread-and-
cheese supper at the house of some member of our little
friendly whist club, and now and then we went to the theatre,
or to a concert, or walked by pleasant country lanes to the
Crystal Palace at Sydenham. Of course there had to be
very strict economy. I gave the wife 2 los. a week for
housekeeping, and not much was spent in dress, or wine,
or travelling. I used to walk to the Temple and back unless
the weather quite forbade it, and my midday meal was not
costly, though it had to be substantial. Had I been brought
up in the easy life of abundant means I dare say I should
have felt this enforced economy to be a hardship ; as it
was, with health, and love, and ambition, and the feeling
that every month was seeing some progress made, some
burden being lightened, some little pleasure or comfort
added to one's surroundings, I was thoroughly happy. I
always look upon that early marriage, narrow as our means
were, as the wisest act for which I ever made myself re-
sponsible.
I kept up my attendance at the Hardwicke Society ; and
I still went from time to time to the House of Commons,
but my order of admission was not renewed after the Session
of 1867.
So the summer of 1867 passed. My business was gradu-
ally increasing. My accounts for 1866 had shown a booking
of fees to an amount of 240 guineas, but I do not think I
received them all ; at all events, they were not paid directly
they were earned. One addition to my various interests
may be mentioned. In the course of my work with Working
Men's Clubs I had often been told that one very serious
difficulty for working men was that the local tradesmen
insisted as far as they could upon the wives taking credit.
If a new customer came to the shop they would beg her to
let them send in a weekly bill. The bill would not be sent,
the wife would spend the money on something else, and
when there was a debt for two or three weeks' supplies the
;
866-73] HOME ANXIETY 91
poor woman dared not grumble or go elsewhere, and had
to take what the tradesman liked to supply, and very
much at his own prices, because she could not face confessing
to the husband how much she owed.
At Peckham the working men complained bitterly, so I
started a co-operative society of which I was Treasurer and
general organiser. There are lying before me as I write the
book of rules and a copy of the notice which called a meeting
for the purpose of establishing the Society.
For a time the Society was a success, but I soon found
that the work and the troubles of the management were
more than I could sustain, and a few months after I ceased
to control it the Society came to an end. One of my great
regrets is that I have never been able to do anything to put
an end to the abominable system of imprisonment for small
debts (and for small debts only) which disgraces our laws
and is the cause of many mischiefs.
In the autumn of 1867 all seemed going well with us.
My fee book showed an increase ; my dear little wife
and I were in the best of health and as happy as a young
husband and wife could be, and were looking forward to
the event which would make the joy of our home complete ;
and in the Long Vacation we had a delightful holiday with
some good friends at Petersfield.
All these bright hopes were suddenly clouded. One
evening I returned to my little home to find that the wife
had been suddenly taken ill and had had a succession of
alarming fits.
Her married cousin had been sent for and had summoned
the doctor, and he, when I saw him, was in much anxiety.
He suggested calling in a physician, and recommended a
young doctor at St. Thomas's Hospital Henry Gervis by
name.
He came, and I then made the acquaintance of a man to
whom I owe very much. He has been my friend ever
since, and has attended my present wife in her many
illnesses with a skill and tenderness and consideration for
which he has our deepest gratitude,
92 EARLY YEARS OF MARRIAGE [CHAP, x
Under his care the danger passed away, but the little son
was born dead, and the dear mother had to spend many
weeks with a nurse at Hastings before she could come back
to home duties.
Dr. Gervis had only charged me three guineas for his
attendance, though he spent many hours in the sick-room,
but the expenses of this illness fell very heavily upon me, and
at a time when I had no reserves to meet them. I was
obliged for the first and only time in my life to borrow
money. An old friend, Edward Martin (then, and now,
of Ewell), lent me 30 ; and the need of asking for this
was a very heavy trouble to me.
I had one great cause for anxiety in the fact that my
life was not insured, and that my wife's 60 a year would
be her only resource in case of my death.
It was not my fault that I had no insurance. In Sep-
tember 1866 when the date of our marriage was fixed, I
proposed to the Scottish Widows' Fund to insure for 1,000,
and went to the medical officer to be examined. The pro-
posal was made at an unfortunate moment. The doctor
who had for many years acted for the Society had lately
died from a curious accident. He was pruning a fruit tree
and the knife slipped and cut him so severely that the wound
was fatal. Another doctor who desired to get the appoint-
ment was temporarily doing duty, and no doubt wished to
show that he was careful by rejecting somebody. So to my
great surprise I heard that my proposal was rejected.
I went at once to the chief physician at the Brompton
Hospital, told him all the facts, and told him that although
the date of my marriage was fixed for a fortnight later,
nothing would induce me to go through with it if he found
anything that could justify this refusal. He spent an hour
in thorough examination, and then told me he could find
nothing whatever which need give me the least hesitation
in carrying out the marriage. The experience of fifty-one
years during which I have never suffered from any disease,
and have been nine times passed by the medical examiners
of Insurance Companies, and twice accepted on ordinary
1866-73] PROSPERITY 93
terms by the Scottish Widows' Fund itself, has satisfied me
that that rejection was nothing more than one of the few
misfortunes of my life.
But during my first year of marriage the doubt which I
could not shake off troubled me sorely.
I was not in debt. My earnings were sufficient for my
ordinary needs. But I had no reserves, and no source of
income except the fees which might or might not be forth-
coming, and which would stop at once if my health were
from any cause to fail. It was with a very heavy heart
that I went down each Saturday in October and November
to the dear invalid ; but her sweet courage and hopefulness
and her returning health brought me back each Monday
refreshed and strengthened. And the very heavy anxiety
soon came to an end. By Christmas she was back at
Peckham with all her old brightness. Those had been hours
of darkness before the dawn of a long and prosperous day.
Briefs came in more freely, and before 1868 was many
months old I had repaid my friend the 30 he lent me,
and had insured my life in the Crown Office (now the Law
Union & Rock) for 1,000. Thenceforward I never had any
money troubles. For forty years I was one of the richest
men in the world. Every year my income was larger.
Never did I spend in the year nearly as much as I earned ;
so each Christmas found me with more provision made for
my dear ones, partly by invested savings, arid partly by
the very best investment of all, the increase of my life in-
surances.
I may here state that during the forty years from 1868-
1907 my fee-books showed an average income over the
whole period of more than ten thousand guineas a year
In 1868 my fee book showed an income of 300. In 1869
the Cheltenham Election petition accounted for a rise to
650. In 1870 540 gave me a satisfactory income ; 1871
brought me 840 ; and in 1872, my eighth year at the Bar,
I reached the figure of 1,010. I have never measured
the success of a year's work by the amount of money
earned; there are other and more important things to
94 EARLY YEARS OF MARRIAGE [CHAP, x
consider: but the enjoyment and expectation of a con-
stantly increasing income is a great assurance of mental
repose and domestic comfort.
Until the year 1872 we continued to live at Gloucester
Cottages. The home was certainly a very small one, but
we wanted to feel quite safe before we made any great
increase in our expenditure, and we both believed, what I
am sure is the truth, that the best way of realising the
pleasure of feeling rich is to live in a smaller house than your
means would entitle you to have.
In 1868 a little girl was born to us, but she lived only
a few months, but in 1870 a sweet little daughter, Mabel,
came to be the joy of the household, and in 1872 our cup
of happiness was filled by the birth of my dear son Percival.
This record of domestic life and professional advance has
taken little space, but there is another part of my work of
which fuller detail must be given.
CHAPTER XI
POLITICAL BEGINNINGS I 1867-1874
DURING the six years that passed between my leaving the
India Office and my marriage, I had found very little time
for direct political work. My days were spent at Lincoln's
Inn Library, or, for one very hard-working year, at Mr.
Bennett's chambers, or, after my call, in diligent attendance
at the Courts and chiefly at the Old Bailey.
Attendance, as regular as I could manage at the debates
of the Hardwicke Society, and on Thursday and Friday
evenings at the House of Commons, was my only means
of preparing for the political career to which I always looked
forward. But I had only just returned from my short
honeymoon when I made an acquaintance which eventually
led to my active association with the organisation of the
Tory party. I cannot recall the exact date or place of my
meeting with Henry Cecil Raikes, but it must have been
in the very early days of 1867, and I think it was at a Hard-
wicke debate. /
Tall and thin, with kindly smiling eyes, and soft deliber-
ate voice, a poet and a scholar, he had already, though
only just twenty- eight years of age, fought two contested
elections and shown himself one of the ablest of the younger
followers of Disraeli.
In 1865 he had unsuccessfully contested Chester against
Mr. W. H. Gladstone, and had so freely assailed the conduct
of his antagonist's father that the angry Prime Minister
called him the " most impudent young man in England."
In 1866 he had fought without success a hard fight at
Devonport.
95
96 POLITICAL BEGINNINGS [CHAP, xi
Raikes like myself had been greatly influenced by Disraeli's
writings, and by a very remarkable speech which was de-
livered on June 26th, 1863, and which has been hitherto
strangely overlooked by the statesman's biographers, and
still more strangely omitted from the reprints of his speeches.
The Tory leader had then laid down in striking language
and with keen political instinct the main principles of his
political faith. Raikes, shut out from the House of Commons
by his defeat at Devonport, resolved to attempt the work
of gathering into a single organisation the various Conser-
vative and Constitutional Associations which were scattered
over the country.
A Conservative Union existed, but in a very feeble and
ineffectual condition ; and with the sanction, perhaps at the
suggestion, of Lord Nevill, afterwards the Earl of Aber-
gavenny, who was for thirty years the least prominent but
the most powerful of Mr. Disraeli's political supporters, he
converted it into a strong central organisation.
He was so fortunate as to find in John Eldon Gorst a man
whose qualities exactly fitted him to become his associate
and fellow worker in this undertaking.
Gorst was the senior by three years ; he came of a family
one member of which had assumed the name of Lowndes
on making a wealthy marriage ; he had spent a few adven-
turous years in New Zealand ; and had been returned to
the House of Commons as member for Cambridge in 1866.
In the House Gorst had not distinguished himself. He
had spoken little, and had become known chiefly through a
phrase in one of Disraeli's speeches " the Hon. Member for
Cambridge who seems so proud of his extreme youth."
The contrast between him and Raikes was personal a s well
as intellectual. Raikes was tall and graceful ; Gorst was
short, thick-set, bustling, abrupt. Raikes, a poet and a
polished speaker ; Gorst, incurably prosaic, with no pre-
tentions to oratory, and a total lack of 'humour. But
Raikes was a little indefinite in plan, and careless in detail ;
Gorst had a genius for organisation ; was a keen judge of
men, with an inflexible will, and an untiring diligence.
867-74] FORMING THE NATIONAL UNION 97
In later years he and Louis Jennings and Drummond
Wolff created the political Randolph Churchill. Gorst was
rough in manner, and a little later differences arose between
him and Raikes, but when I first met them, early in 1867,
they were the best of friends, and each supplied the qualities
lacking in the other.
At their invitation I attended a meeting at the office of
The Imperial Review in Henrietta Street, Covent Garden.
This was a weekly paper which Raikes had just started,
and which had a costly and unprosperous existence for
about a year and a half. Here a provisional committee
was formed, and we entered on the work of constructing a
society which should be in close touch with the leaders of
the Conservative party and with which we hoped every
Conservative Association and Club throughout the country
would be directly connected. Raikes, Gorst, W. T. Charley,
A. G. Marten, W. C. Harvey, and I, all members of the Bar
(and all I think, except Gorst and Marten, under thirty
years of age), with Mr. Leonard Sedgwick, who became the
first secretary of the new society, were the most diligent
attendants at the early meetings.
In April The Imperial Review announced that a Conserva-
tive Working Men's Association for London and a " central
organisation designed to secure unity of action among the
numerous small bodies existing in the country" were in
course of formation, and Harvey at his chambers in Lincoln's
Inn acted as honorary secretary. On June i7th the first
meeting of the Metropolitan Conservative Working Men's
Association was held at the Mechanics' Institute at South-
ampton Buildings.
Ten days later a Conference of the Conservative and
Constitutional Associations of Lancashire was held at
Manchester to concert measures for the organisation of the
party.
The autumn was spent in busy correspondence, and Raikes
and Gorst travelled much and made many speeches. By
November the preliminary arrangements were complete,
and on the izth of that month a conference of the delegates
98 POLITICAL BEGINNINGS [CHAP. XI
from seventy associations was held at the Freemasons'
Tavern, and the National Union of Conservative and Con-
stitutional Associations was then established. Gorst (who
presided at the conference) and Raikes were among the
Vice-Presidents then elected. Viscount Holmesdale was
appointed Chairman of the Council, and Raikes Vice-Chair-
man. Leonard Sedgwick, who was recommended by Lord
Nevill, was made Hon. Secretary. On the evening of the
same day a dinner was held at the Crystal Palace, and
Lord John Manners, who presided, read a letter from Disraeli
in which he said, " None are so interested in maintaining
the institutions of the country as the working classes. The
rich and the powerful will not find much difficulty under any
circumstances in maintaining their rights, but the privileges
of the people can only be defended and secured by national
institutions/'
The Imperial Review of November 23rd contained the
first advertisement of the new organisation.
The National Union has for its object the forming a
centre [sic] which while repudiating any appearance of
dictating will endeavour to give unity of idea and of action
to the Constitutional Associations which are being formed
throughout the country. It has been established by Lord
Nevill, and has met with the hearty support and concurrence
of the most influential members of the Conservative party.
Colonel Taylor and Gerard Noel, the Conservative Whips,
were among the Vice-Presidents. A council of twenty was
appointed of which the six already mentioned (Raikes,
Gorst, Charley, Marten, Harvey, and I) were members,
and the first home of the new association was at the office
of The Imperial Review at 19, Henrietta Street.
In December a circular was issued explaining the object
of the National Union to be " to give unity of ideas and
action to the Constitutional Associations which are now
being formed throughout the country."
The Reform Bill of 1867, with its large extension of the
suffrage, had just been passed, and our object was to address
1867-74] FIRST POLITICAL SPEECH 99
ourselves as soon as possible to the newly-enfranchised
voters. The circular mentioned as one important means of
increasing the influence of these associations the holding
of quarterly meetings at which a speaker sent down by the
National Union, if local speakers were not available, would
deal with important public questions. The first meeting
to which the Council were asked to send a speaker was the
quarterly meeting of the York Conservative Association
held at the Assembly Rooms on January 8th, 1868.
I went to York as the first spokesman of the National
Union, and there made my first political speech on a public
platform. And the Council were so well pleased with their
representative that the first pamphlet issued by the Union
was a selection of passages from the speech I then delivered.
I quote from the copy which lies before me a few sentences
from the speech which began a career of political activity
which lasted for thirty-eight years.
In the House of Commons we have now a united and
therefore a powerful party. In 1846 the Conservative
party was divided, cast down, and dispirited. But during
the last twenty years a wonderful change has been eflected,
and chiefly by the consummate genius of the greatest of
living politicians the present Chancellor of the Exchequer
the party has been reorganised, and now by the power
of its unity it holds a commanding position in the legislature,
and it has a just confidence in the statesmen who have
guided it so well. But besides trusted leaders and a united
parliamentary party, it is necessary to have that steady
popular support upon which the success of any political
combination must depend. This is what the National
Union of Conservative and Constitutional Associations
will secure, and in this work you have done good service
to-night. The battle must be fought through the agency
of associations such as yours, and I trust, indeed I have
every reason to predict, that there will soon be not a single
important town in the country where a Constitutional
Association will not be in successful operation. Thus the
great National party will be consolidated, and we may
confidently look forward to the peace and prosperity of
our country being assured by a just, an enlightened, and a
Constitutional policy.
ioo POLITICAL BEGINNINGS [CHAP, xi
The election of 1868 was a disaster, but we worked hard
and had the happiness of seeing the Tory party gradually
rise from the almost unbroken record of defeat and impotence
which began in 1846 until in 1874 it came back to office and
power, and in six years vindicated by the courage and
wisdom of its domestic legislation and the firmness and
foresight of its Imperial policy all the hopes we had cherished
in those early days of darkness and defeat.
The years 1867 and 1868 were years of great political
activity in the House of Commons and throughout the
country. Mr. Gladstone had abandoned the hope of
passing a Reform Bill through the House of Commons, and
Disraeli had undertaken the apparently hopeless task of
trying to do so in a House in which the Liberals had a
majority of sixty-five His leadership during the months
from February to August 1867 was a marvellous exhibition
of patience and skill.
The Russell Government had fallen upon the question of
a rental as opposed to a rating franchise.
Disraeli sent for Thring, the parliamentary draftsman,
and told him that the Bill must be so drawn that this
question would have to be raised by the first amendment.
Thring obeyed instructions, and the result was that the
first division on the Bill showed Disraeli voting in a
majority of 310 and Gladstone with a minority of 289.
Many concessions had, of course, to be made, but Disraeli's
parliamentary success may be gauged by the fact that in the
course of the struggle there were twenty-three important
divisions in which Gladstone and Disraeli voted on opposite
sides, and in eighteen of these Disraeli was in the winning
lobby. The third reading passed without a division.
The Bill became law in August, and there followed a
twelvemonth of a very active work in the enlarged con-
stituencies.
It was upon the question of the Irish Church Establish-
ment that the chief controversy chiefly raged. I prepared
lectures on that subject and delivered them at Lewes, at
King's Lynn, at Dover, at Southampton, and in different
1867-74] SWANSEA, /\ : , J \<
parts of London. As the election drew near I became very
busy indeed. A lecture I gave at Cheltenham led to my
being retained (I forget the amount of the fee) to spend a
week in the town, speaking every evening, and canvassing
during the day with the candidate, five years younger than
myself, my staunch friend ever since, Mr. (now Sir James)
Agg-Gardner. The week ended with a dinner given to me
on the Saturday night by (or for) the working men of the
town. Then I went off to Cardiff, where my friend Hardinge
Giffard was fighting his first contest. There my association
with Working Men's Clubs was utilised, and besides speaking
at the ordinary election meetings I addressed a very large
gathering at the Drill Hall on" Questions for Working Men."
They were so pleased with my speaking at Cardiff that I was
asked to stay on a few days and speak at Swansea. I said
I would if they would have an open public meeting. They
said it could not be done ; no Tory meeting had ever been
held with open doors, and it would not be safe for the
speakers. I was firm, and the meeting was announced as I
wished. The Victoria Hall (I think it was) was crowded, but
evidently not by our friends. Not a word of the Chairman's
Speech could be heard. Then I came to the semi-circular
rail in front of the platform, and stood there for, I suppose,
nearly half an hour without getting a full sentence heard.
At last a well-known dissenting minister rose in the body of
the hall, and made an appeal to all true Liberals to give me
a hearing. The crowd listened to a few sentences, and some-
how I got their attention.
With some interruptions I made them an hour's speech:
they seemed to think I had shown some pluck, and I got a
good cheer at leaving. But I did not know until the next
morning what an escape I had had : in the galleries were
picked up pieces of rough granite, half a barrowful. They
were meant as missiles, and it was fortunate for me that no
one had set an example of using them.
During a few days at Cardiff I stayed with Mr. Sherley
(of Luard and Sherley, Lord Bute's agents), and he talked
to me about the new paper, The Western Mail, which was
8
102 ^OLITiCAX BEGINNINGS [CHAP, xi
just about to appear, and introduced me to Mr. Adams, the
rather curious person who had been chosen as the first
editor. (He afterwards married Lord Coleridge's daughter
and was plaintiff in a singular action.)
Just before going to Cardiff I had made a speech at a
meeting at Hackney, and while staying with Mr. Shei ley I
received a letter signed by Thomas Brooks, Chairman, and
Edward Wimble, Secretary, on behalf of the Hackney
election committee, asking me to stand for that borough.
This invitation was, of course, at once declined ; but I
saw a good deal afterwards of Edward Wimble, who was
one of the best of the subordinate agents whose work led
up to the triumph of 1874.
There is not much that needs to be recorded of my political
activities during the five years after the 1868 election. I
lectured a good deal, and when a by-election took place I
often had some share in the speaking. 1869 brought a
very pleasant reminder of the Cheltenham election in the
shape of my first brief (with a fee of fifty guineas and a
refresher of thirty) in an election petition. Agg-Gardner
petitioned and claimed the seat : and the report of that
trial gives a fair idea of the roughness of political contests
in those days.
Chesshyre, the solicitor and agent for the Liberal candi-
date, brought a mob of roughs, some of them prize-fighters,
over from Birmingham, and established them in an empty
house in the town. Each man had a coloured neckcloth
and a thick stick given him, and they ranged over the town,
breaking up the Tory meetings, hustling Tory canvassers,
and protecting others from observation. A retired detective
named Field was sent down to watch them : he passed as
a photographer, but he was found out and set upon and left
lying in the street with a broken leg. Baron Martin was
the Judge ; he decided that the evidence of bribery was not
sufficient : while as to the prize-fighters he only said that
bringing them down like that was very wrong, very wrong
indeed.
I soon began to make preparations for standing for the
1867-74] SOUTHWARK 103
London constituency which elected me some years later.
The sitting members for the borough were John Locke, a
Liberal, one of the most popular of the leaders on the Home
Circuit, and Marcus Beresford, a Tory, a Colonel in the
Volunteers, and a large wharf- owner in the borough.
Colonel Beresford was a very useful Member of Parlia-
ment, of the type dear to party managers ; a regular atten-
dant, a safe vote for his party, and very diligent in the
interests of his constituents. But he was a poor speaker,
and not very good in expressing himself in formal letters.
I had made his acquaintance at the Surrey Sessions, and
sometimes met him at political meetings in the South of
London. In December 1872 he wrote to me making two
proposals. One was that I should, " if I would not open
my mouth too widely in the matter of fees," supply him
with notes for speeches in or out of the House of Commons.
The other was that I should become the recognised candidate
for Southwark on the Tory side, as his intention was to
retire from Parliament at the next General Election. I
would not accept any fees, but we came to an understanding
that I would help him with his speeches, and would draft
resolutions or letters for him, but that nothing should be
said for the present as to the succession to his seat. In the
early part of 1873 the difficulties of Mr. Gladstone's Govern-
ment became serious, and their defeat on the Irish Univer-
sity Bill and consequent resignation, although they returned
to office on the refusal of Mr. Disraeli to form an administra-
tion, set all political workers in preparation for a dissolution.
The Chairman of the Conservative party in Surrey wrote
to me in March to say that it was likely that Baggallay,
one of the members for Mid-Surrey, would get a judgeship,
and asking if in that event I would be willing to stand for
that division. But my time for entering the House of
Commons had not yet come, and I devoted myself chiefly
to my work as Chairman of the Conservative Association
in the borough of Lambeth, which was even larger than
Southwark, and which Morgan Howard, who had made a
great fight there in 1868, was preparing to contest again.
104 POLITICAL BEGINNINGS [CHAP, xi
In May I began collecting subscriptions towards an election
fund, and by the end of the year over 2,000 was in the bank
in the names of Mr. John Scott and myself, and I had the
promise of another 1,000 from the party funds. Before
the Long Vacation everything had been put in order for the
contest, chairman and committee appointed for each of the
seventeen wards, ward street-lists bound, and canvassing
books ready for immediate use.
During the autumn I had the amusing and useful experi-
ence of fighting an election at Dover as Deputy candidate.
In 1871 the appointment of Jessel as Solicitor-General had
caused a by-election, and I had been down there to make
a speech at the introduction to the constituency of a Mr.
Bar net t, a railway contractor who had made a fortune in
India by building the railway from Bombay to Calcutta,
and incidentally starting a newspaper in Calcutta which so
long as the line was incomplete had a very valuable priority
in getting news from Europe. Jessel held the seat, but in
1873 he vacated it on becoming Master of the Rolls. Barnett
had sailed for South America a few days before this was
announced, on another railway undertaking. The Tories
at Dover were in a great difficulty. Forbes, the Chairman
of the Chatham and Dover Railway, was in the field at once
on the Liberal side. Barnett could not be communicated
with, but it was known that he had intended to try again,
and it was determined to put him forward, and Gorst sent
for me and asked me to go down and fight the election. I
wrote the address, and went down, and stayed a fortnight
at the Lord Warden Hotel, speaking on most evenings and
canvassing every day. Dover had always been known as
a corrupt constituency : and this election had a special
interest, as it was the first in that borough under the ballot.
There were a good many " freemen " at Dover : and there,
as in other boroughs where voters of this inferior class were
found, the method of purchasing their votes was very simple.
Some of the " freemen " were Liberal, some were Tory.
They and their fathers before them had always voted for
their party, and were not easily persuaded to vote against
1867-74] DOVER 105
it, but unless they were paid they would not vote at all, even
if they could not be tempted over to the other side. Some
trusted leader of each group arranged with an agent of the
candidate how much should be paid: it was his business
to bring his men to the poll : and in the days of open voting
it could, of course, be known how many had earned their
pay. The ballot made the matter much more difficult,
for now there was no means of knowing whether the pur-
chased vote had been given on the right side. And at this
election a very sharp watch was kept by detectives employed
on either side. I have no doubt there was some bribery,
although of course I, as the candidate, was not told anything
about it : but a number of voters were disappointed : and
when the polling day came the actual promises were not
quite satisfactory, and there were a good many voters
loitering about the town who had not yet quite made up
their minds. In the afternoon I drove round the outlying
parts of the borough and told the loiterers there that they
need not trouble to come in to vote, we could win without
them, but it was a pity they should lose the pleasure of
being on the winning side. I think most of them came in :
we had a large poll, and won by 326, the largest majority a
Conservative had ever had in Dover. The result was most
satisfactory to me, but poor Barnett never took his seat.
Before he returned to England the General Election came,
and I think he found he had spent more money in the two
contests than he had expected them to cost. He never
reappeared in English politics.
On Saturday January 24th, 1874, came the sudden
announcement of the General Election. In the previous
August Gladstone had told the Queen that it was the
intention of the Government to meet Parliament, and that
they hoped to carry through the business of a full session.
But there had been difficulties with Cardwell about the
estimates : two by-elections at Stroud and Newcastle had
shown the growing strength of the Opposition in the con-
stituencies; and there was behind all this the personal
difficulty which had arisen with regard to his seat for
lo6 POLITICAL BEGINNINGS [CHAP, xi
Greenwich. Coleridge and Jessel had advised that his
acceptance of the office of Chancellor of the Exchequer in
addition to that of First Lord of the Treasury, which he had
held since the formation of the Ministry, did not vacate
his seat. But Harcourt and James, who were now the Law
Officers, and who took Bowen into consultation, declined to
express any opinion, and the Lord Chancellor, Selborne, was
insistent in his opinion that the taking of this additional
office had rendered the seat vacant.
Notice had been sent to the Prime Minister that if he sat
and voted he would be sued for penalties, and the Opposition
Whip had told the Speaker that the question would be
raised as soon as the House met. A strong Conservative
candidate was ready to come forward. The defeat of the
Prime Minister at a by-election, the delay involved in finding
him a safe seat elsewhere, would have been dangerous to a
ministry already seriously weakened. This personal diffi-
culty was not the main cause of the decision to dissolve, but
it cannot have been without its effect.
Gladstone's address appeared in The Times on Saturday
morning. At 5 o'clock that afternoon I was in the chair at
a full meeting of the Council of the Lambeth Association :
the seventeen ward registers were on the table, and each
volume was handed over to the ward chairman, and he went
off to meet his ward committee later in the evening. I had
made up my mind to do nothing in the election, except to
speak and canvass in the borough of Lambeth, but a couple
of days later an unfortunate difference arose between me
and Morgan Howard as to the control of expenditure during
the election. As the funds had been collected by me, and
stood in my name at the bank, I thought I ought to be
consulted before any large contracts were made for printing
or advertising or the expenses of public meetings. Howard
refused to consult me at all, and claimed that he had the
sole right of controlling expenditure, and that my duty was
simply to pay over the money. I could not accept this
position, so vacated the chair in favour of the vice-chair-
man, on the ostensible ground that I was wanted in other
.
I867-74J WOODSTOCK 107
parts of the country. It was a fortunate release for me, as
it led to my making acquaintance with Lord Randolph
Churchill in circumstances which led to a friendship that
lasted, with one interruption, to the end of his life.
On the following Tuesday I went down to make a
speech at Woodstock. At Woodstock Road I was met
by Mr. Barnett, a banker and the agent of the Duke of
Marlborough, who had for nine years occupied the seat until
one of the Duke's sons should be ready and willing to stand.
As he drove me across the country in a wagonette he gave
me some account of the political situation in the borough.
It had always been looked upon as a pocket borough of the
Duke of Marlborough's, but at the election in 1868 Mr.
George Brodrick (afterwards Warden of Merton), a brother
of Lord Midleton, had very nearly captured the seat, the
majority against him being only twenty-one. This election
was expected to be very close, and in view of the fact that the
Ballot Act had passed and was supposed to have greatly
weakened territorial influence the Radicals had strong
hope of winning the seat. The Tory candidate was Lord
Randolph Churchill, the younger son of the Duke, who was
only twenty-four years of age and had never shown any
interest in political work.
Indeed, there had been difficulty in persuading him to
stand. He had only consented on getting his father's
reluctant consent to his marriage to a beautiful American
girl, a Miss Jerome, whom he had met at the Isle of Wight in
the previous autumn and to whom he had become engaged
after three days' acquaintance. Mr. George Brodrick was
standing again, and at the urgent request of the Duke the
Tory organisers had agreed to send down a speaker. When
we reached Woodstock we heard as we drove past the public
hall the cheers of the Liberals whom Mr. Brodrick was
addressing.
Arrived at the principal inn, we went upstairs, and there
in a large low-ceilinged room I found some thirty or forty
solid-looking gentlemen who were apparently awaiting my
arrival.
io8 POLITICAL BEGINNINGS [CHAP, xi
I shook hands with the chairman and asked when the
meeting was to take place. " Oh," said he, " this is the
meeting ; these are all good friends of ours who are looking
forward to the pleasure of hearing you."
I accepted the situation and gave them an hour's speech
on general topics. Then I asked about a public meeting,
and was told that the Tory candidate was so young and so
inexperienced in public speaking that it had been decided
not to have a larger meeting, but to trust to the canvassing
of the gentlemen I had just addressed. I vehemently pro-
tested. I told them I did not believe there was a con-
stituency in England that could be won by a candidate
whose friends did not venture to put him on the platform,
and after much discussion it was agreed that if I would stay
and speak a meeting should be held.
I was due at Bath on the following day, so the meeting
was fixed for the Friday evening. I went on to Bath and
spoke there on Wednesday at a dinner given to Lord Grey de
Wilton and Major Bousfield, and the next morning came
back to Woodstock. Then I met Lord Randolph Churchill,
a nervous, rather awkward young man, who certainly
seemed to have the most elementary ideas about current
politics. We had some talk about the subjects he was going
to deal with in his speech. I wrote out four or five questions
which were to be put into friendly hands and asked from
the back of the room, and gave Lord Randolph the answers.
When we came to the meeting Lord Randolph was very
nervous. He had written out his speech on small sheets
of paper, and thought that if he put his hat on the table and
the papers in the bottom of the hat he would be able to
read them. This, of course, he could not do. There was a
rather noisy audience, who gibed at him and shouted to him
to take the things out of his hat, and so on, and the speech
was far from being a success. But the questions and answers
went very well ; then I made a speech, and taken altogether
the meeting went off very well. The next morning Lord
Randolph wrote to Miss Jerome : " We had a good meeting
last night which was very successful. We had a good
1867-74] CARDIFF 109
speaker down from London and I made a speech." The
result of the polling was a great disappointment to the
Liberals, for they were beaten by 569 votes to 404. A
fortnight later I had a letter from Lord Randolph from
Paris, where he hastened to join Miss Jerome directly the
election was over.
He said, " I really am quite confident that many of the
votes, if not the majority, may be attributed to your ex-
cellent speech."
I then went to Cardiff to speak for Hardinge Giffard, who
was making a second attempt to win the seat. Except
upon the platform, where he was always good, he was a very
poor candidate.
Mr. Sherley complained to me that he was very idle
about canvassing, preferring to stay at home and read, and
that when he did canvass he was very unconciliatory. He
was beaten by nine votes, and when I met him in
London I congratulated him on his defeat. He was very
downcast, and thought I was unkindly laughing at him.
I told him my congratulations were quite sincere ; that if
he had been elected by nine votes his party could not
have made him a law officer for fear of losing the seat.
" Now," said I, " you will make a lot of money in
election petitions, and then they will find you a safe seat,
and give you office." My prediction cheered him up and
was exactly fulfilled ; indeed his good fortune was greater
than I had foretold, for at the trial of the election petition
at Windsor he met Miss Woodfall, the niece of his client,
and found in her a charming wife through whom a large
fortune came to their children.
CHAPTER XII
MASONIC AND DOMESTIC I 1874-1877
I MAY here interpose an account of one of the interests and
activities of my life without which the story would be in-
complete. In the year 1861 I was on a walking trip through
North Wales, and staying a couple of nights at Dolgelly
I made the acquaintance of two young men who were
spending their holiday together. One was Nelson Ward,
a grandson of the great admiral, son of the Horatia whom
he bequeathed to the care of the nation. She was not
wholly neglected and had a pension of 300 a year. One
of her sons became a Commander in the Navy, another, my
travelling acquaintance, had a clerkship in Chancery, and
eventually became a Registrar, and the pension was con-
tinued to a daughter who survived her. This daughter
married a young solicitor named William Johnson, who
was with his brother-in-law at Dolgelly. The chance
meeting had very pleasant results for me. A close friend-
ship grew up between us and lasted until their deaths many
years later. I used occasionally to go to Pinner to see the
dear old lady, whose rooms were full of drawings and en-
gravings and mementoes of her illustrious father and of
Lady Hamilton. She herself in face and figure was very
like the portraits of Lord Nelson. The friendship with
William Johnson had more important consequences. He
was the Secretary of the Masonic Lodge " Caledonian 134,"
and in the year 1871 I was initiated into Masonry at that
Lodge. We used to meet at the Ship and Turtle in Leaden-
hall Street. Two of the other members of the Lodge may
here be named. One was E. W. Mackney, in his day the
most popular of comic singers, and the first and best of
no
1874-7]
A GREAT INSTALLATION
in
negro melodists. Mackney told me that his father had
been an usher in the school at Epping Forest where young
Disraeli spent some years between 1815 and 1821. And he
told me that many years later when Disraeli was in office
it must, I think, have been in 1852 his father, who had not
been very prosperous, made some appeal to his old pupil,
and was very kindly and generously received. The other
was Joshua Nunn, who was United States Consul in London,
and whose acquaintance proved useful to me in my pro-
fession. During the year 1872 the question of the indirect
claims arising out of the blockade running during the
American Civil War required a great deal of evidence to be
taken on commission in London, and I find that in four
cases of this kind I appeared as Counsel for the United
States Government.
I was very diligent in my Masonic duties, and learning
with facility the voluminous addresses and the elaborate
ritual of the craft I went very quickly through the offices
of the Lodge. So quickly that when in 1875 the Prince of
Wales, afterwards Edward VII, was installed Grand Master
of Masons in England I was already Master of the Cale-
donian Lodge. The great ceremony of the Prince's in-
stallation took place at the Albert Hall, and was the most
picturesque and impressive public function I ever witnessed.
Some 8,000 Masons, all of them Masters or Wardens or
Past Masters of their respective lodges, filled the great hall.
The floor was a mass of purple, the clothing of the Grand
and Provincial Grand officers, along each line of seats ran
a band of light blue, the collars and aprons of the officers
of the craft. The seating was controlled by Thomas Fenn,
an old and much respected Mason ; and besides the ordinary
stewards he had under him a staff of about twenty aides-de-
camp, each the actual Master of his lodge, of whom I had
the good fortune to be one. I had a pass-key which opened
every door of the building, and so I was able to see the
magnificent spectacle from every point of view. When the
Lodge was closely tiled and the ceremony commenced the
aides-de-camp joined their chief on the side of the platform.
H2 MASONIC AND DOMESTIC [CHAP, xn
The Prince filled his place nobly, and his fine resonant
voice rang out clearly in the crowded hall.
It was a strangely emotional assembly. When the first
salute was given it was a little ragged and uncertain, and
there was a whisper of dissatisfaction. Sir Albert Woods
paused a little, and when next he gave the signal the
thousands of hands met with a sharp volume of sound
which had an extraordinary effect. I saw old men near
me crying like children. 1
I kept up my Masonic work until I became member for
Plymouth. Then I practically abandoned it for twenty
years. Parliamentary duties made it difficult to attend
lodge meetings or banquets in London, and I would not take
part in Masonic work at Plymouth, partly because I wished
to avoid the slightest possibility of its being connected with
politics, and partly because I should have been burdened
with the necessity of paying equal attention to each of the
three lodges which flourished in my constituency.
So for many years I only went to Masonic gatherings
on very special occasions, such as the consecration of the
Guildhall Lodge, the United Wards Lodge, of which I was
one of the Founders, and the Canada Lodge, and the
notable dinner of the Chancery Bar Lodge at Lincoln's Inn
Hall when the Grand Master the Duke of Connaught was
present.
In 1903 the Duke honoured me by conferring on me the
rank of Past Grand Warden, and I wore my purple clothing
for the first time at a great gathering of Canadian Masons
who entertained me at Toronto during my trip through
Canada in the autumn of that year. In 1912 my friends
at the City of London College did me the greater honour
of founding a new lodge, calling it the Sir Edward Clarke
Lodge (3601), and inviting me to be its first Master. My
good old friend Sir Edward Letchworth, whose services as
Grand Secretary were of inestimable value to English Free-
I again served as a Steward, forty-two years later, at the great Masonic
gatherings at the Albert Hall on Saturday and Sunday June 23rd and 24th,
1917. to celebrate the bicentenary of the foundation of Grand Lodge.
I874-7J FREEMASONRY 113
masonry, performed the ceremony of consecration, and I
had a happy year of office, though I confess it was not easy
to regain mastery of the ritual and the official forms. I
have done several things which I hope may cause my name to
be remembered when my life's work here is ended ; perhaps
the Sir Edward Clarke Lodge will be the most lasting of
my memorials. For I cannot imagine any changes in the
political or social condition of England which can weaken
the strong hold which Freemasonry has upon our people.
I trust no such changes may take place, for I look upon our
Masonic Lodges as centres of a powerful influence which is
constantly having effect in purifying and upholding our
national character. The work of Masonry is essentially
religious. Its teaching has indeed no relation to the
doctrines which distinguish and divide the Churches. But
it proclaims at every meeting its reverence for the Great
Architect of the Universe ; it hymns His praises ; it invokes
His blessing upon all its work ; it teaches in all its formu-
laries the virtues of brotherly love, charity, and truth ; and
the solemn obligations by which its members are bound
together are only special sanctions of the Divine law which
bids us fear God and love our neighbours. I do not say
that all Masons are good men, but no bad man can be a
good Mason, and he will soon leave off attending Masonic
lodges, for to the man who is dishonest or immoral, or
covetous, or uncharitable in thought, or slanderous in
speech, it must soon be intolerable to listen to the noble
teaching of the Masonic ritual. A full clear note is sounded
in every hymn and every response in which he joins, and to
his conscience there must come at once the bitter reproach
of insincerity and falsehood.
From 1874 to 1877 my life was uneventful, but very
prosperous and happy. In 1 872 we had left our very humble
home in the Peckham Park Road and gone to a much larger
house called Dagmar Villa, which stood in a pleasant open
position at the corner of Dagmar Road, Camberwell, and
had a good garden. Here for five years I had that full
enjoyment of life which can only come to a man who has
114 MASONIC AND DOMESTIC [CHAP, xii
good health, complete domestic happiness, and an income
steadily increasing from year to year. My dear little wife
was at woman's most charming age ; our sweet little Mabel
was life and sunshine to the house; in 1875 another
baby girl came to bring us fresh joys ; and the trouble of
financial anxieties had wholly passed away. In 1873 my
fees amounted to 1,152, and during the next three years
they increased at the rate of 500 a year ; the figures for
the successive years being 1,566, 2,225, and 2,650.
I was now saving money steadily, my life was insured
for 4,000, and as year after year went on we surrounded
ourselves with comforts and luxuries which had been un-
known to us in our early days of severe economies. We
enlarged our circle of acquaintances. We went often to
theatres and concerts. I began to buy books and bronzes
and engravings.
One night a week was given to the Amateur Musical
Society, and every Saturday a small private whist-club met
at the house of one or other of the members who took his
turn in providing supper.
I look back on those peaceful and pleasant years as a
time of sweet rest and contentment when the first steep
climb was over and I could pause and take breath for the
heights which had yet to be scaled. In the year 1875 a
cloud came over our sunny sky in the illness of my brother
Joseph, and I think I may fitly choose this place to tell the
story of an episode in my family life which I should not like
to leave unrecorded. My brother, who was four years my
junior, had been educated at the City of London School.
Here he greatly distinguished himself. In 1860 he won the
David Salomon Scholarship at the School, of 30 a year,
and took the prize for Scripture. In 1861 he delivered
the Declamation in German and took the Scriptural prize
and the highest prize for General Proficiency and Good
Conduct.
In 1862 he delivered the Declamation in French and
gained the Conquest Gold Medal ; the highest prize in
English ; and the Carpenter Club prize for English History.
1874-7] MY BROTHER JOSEPH 115
In 1863 as Captain of the School he delivered the Decla-
mation in English ; and took the Hale Medal for Chemical
Science, the Latin Verse Competition Prize, and the highest
Prize in German and the first Shakespeare Prize ; and left
the School for Magdalen College, Oxford, with the Grocers'
Company Exhibition of 50 a year and a Natural Science
Demyship of 75, and the declaration by Dr. Mortimer, the
Headmaster, that he was the best classical scholar the School
had ever sent out. He was a bright fair-haired active lad
of seventeen, of a singularly sweet and lovable disposition,
frank, generous, full of industry and courage, with an in-
stinctive purity of thought and life, giving promise of a
career of brilliant usefulness. All loved him ; his fond
mother looked forward to a future in which all his gifts
and qualities would find full scope in the ministry of the
English Church. For a time all went well, and his Oxford
life was full of enjoyment for himself and satisfaction for
his friends. But presently he made the acquaintance of
Father Comberbatch, who was conducting an active pro-
paganda for the Roman Catholic Church among Oxford
students, and in the autumn of 1865 he wrote to me saying
that he was much shaken in his belief in the teaching of the
Anglican Church, and that he was seriously thinking of
leaving it for that of Rome.
I begged him to pause before taking such a step, and
obtained his promise that he would take no step for six
months, and that meanwhile he would study books, some of
which I suggested, on the Protestant side of the controversy,
and would discuss his difficulties with those who were better
qualified than I to advise and direct him. He kept his
promise, and at the end of the time he told me that his mind
was made up, and that he had in fact been received into
the Church of Rome. The immediate consequences were
very sad. The authorities of Magdalen College passed a
new regulation by which no one was permitted to hold a
College sizarship unless he attended the Chapel services.
My brother could not obtain a dispensation permitting him
to do this, and he was obliged to leave Oxford.
n6 MASONIC AND DOMESTIC [CHAP, xn
Unhappily the doors of his home were closed against him.
My father and mother were Protestants of a somewhat
narrow type, and they were sorely angered.
They refused even to see him. I was living at Moorgate
Street and contributing to the family expenses, and could
not afford to keep him, and in his despair he asked the
Passionist Father at St. Joseph's Retreat, Highgate, to
receive him as a postulant. Here he was most kindly
treated, and came under the influence of Father Pius, a man
of great intellectual and personal charm, and in his society
my brother was confirmed in his new faith, and found some
compensation for the loss of the congenial surroundings of
Magdalen.
In due time he passed to the house of the Order at Broad-
way, Worcestershire, there to serve his novitiate, and in
1866 he wrote to tell me that he had been accepted, and
was to make his profession before the Bishop of Clifton, and
sent me an invitation from Father Salvian, the head of the
house, to come to Broadway and be present at his reception
into the Order.
I stayed at Broadway for three days, and was for the
greater part of the time alone with my brother, and I urged
him if he had any doubts as to Roman Catholic doctrines or
as to his own vocation for the monastic life not to take an
irrevocable step, but to come to the home I was now able
to offer him. He had no doubts, and on the Sunday I
saw him make his profession. For a time, while he remained
at Broadway, all went well, but presently he was sent to
do educational work at the house of the Order at Harold's
Cross, Dublin. There his faith received a sudden and
violent shock. He found himself in a religious atmosphere
in which his refined intellect and saintly soul could hardly
breathe. He was among priests and novices and postulants
who were for the most part sons of Irish peasants ; and, away
from the sentimental sophistries and subtle evasions by
which the more intellectual Romanists mask and evade the
difficulties of their creed, he came face to face with the coarse
and ignorant superstition which has hindered moral and in-
1874^7] A SAD ENDING
tellectual progress in every Roman Catholic country. He
could not endure the strain, and after a year or two of great
mental suffering he determined to leave the Passionist Order,
and obtained from Rome a release from his monastic vows.
The rest of his life was full of sadness, and was a slow but
unbroken course of mental and physical failure. He tried
many occupations. He was for a time a tutor at St.
Edmund's College ; then he taught in a private family ;
then, with an old school friend, he prepared candidates for
University and Civil Service examinations ; for a time
he was employed in a music publisher's office. Seeing
him often, and watching him with anxious affection, I SOOD
became aware of a gradual weakening of his mental and
physical powers. His steady, hopeful will changed into a
fitful indecision, sometimes impetuous and sanguine, some-
times gloomy with despondency. His sweetness of affection
and his gentle charity and sympathy for others never failed ;
but the early comfort of his religious faith was lost in a
habit of constant introspection, full of anxiety and terror.
At length there came a crisis.
One evening I was working alone in my room at Garden
Court when I heard a loud and hurried knock and a sound
as of some one falling in the passage. I opened the door,
and just outside it I found my poor brother, on his knees
and sobbing as if his heart would break. I got him into the
room, and then he told his sorrow. He had that afternoon
been riding in an omnibus, where, after he entered, there
was one vacant seat. Two ladies wanted to come in,
and the conductor asked if any gentleman would ride out-
side and so give them room. It was a cold wet day ; and
my brother had been warned that his chest was delicate,
and that he ought to run no risk. So he sat still, as others
did, and the ladies were left outside again. Then remorse
and terror seized him. He had been wanting in Christian
charity. Perhaps the danger he had feared for himself
might bring illness or death to one or both of them. He
rushed down to the Temple to find me, and by the time he
reached my door he was in the extremity of terror lest he
9
li8 MASONIC AND DOMESTIC [CHAP, xit
should die in this mortal sin and his soul be eternally lost.
I talked to him and tried to comfort him, and to some extent
succeeded ; but from that time I felt that it was dangerous
for him to be going about alone. Indeed he felt so too ; he
always tried to get a companion : when alone he hastened
through the streets as if pursued, and he was quite unfit for
any occupation. A very able and high-minded doctor of
my acquaintance kept a well-known asylum in the Peckham
Road, and I suggested to my brother that he should be
placed there as a patient. After a little hesitation he con-
sented, and one sad evening, his luggage having been sent
before, we walked together to the house, and I left him
in my friend's charge. The step was not taken a week
too soon, for the mind was fatally impaired, and as if in
sympathy the body failed also. For about four months
in 1876 I spent several hours with him every Sunday after-
noon. He was content and fairly happy, and expressed
no desire to come out into a world with whose tumultuous
life he felt himself too weak to cope. And gradually the
body grew feebler and the mind lost its power of consecutive
thought. By the end of the year he was scarcely able to
leave his room, and the doctor told me he did not think
he could last many weeks. So I took him to the house
of a medical man at Holloway, where he was near the
Passionist Monastery, from which the priests used to come
to see him, and near also to my father's house. Here he
gradually sank into occasional, and then into almost con-
tinuous, coma, and on March i8th, 1876, while my sister
Fanny and I sat by his bedside, his pure and gentle spirit
passed away.
I have said before that the only way to make sure of feeling
wealthy is to live in a much smaller and cheaper house than
one could reasonably afford, and notwithstanding my rapid
increase of income I think we should have continued to live
at Dagmar Villa if in the spring of 1877 the opportunity
had not occurred of securing the pleasantest house in the
neighbourhood I did not wish to leave. Huntingdon Lodge
was a well-built square house of about seventeen rooms,
1874-7] HUNTINGDON LODGE 119
standing well back from the Peckham Road, with a large
square garden at the back, and a smaller one, but with
pleasant, well-grown trees, at the side of the house,
and filling up the frontage between Southampton Street
and Camden Grove.
It was just the house which would suit the Member for
a South London constituency ; and having been occupied
for many years by Mr. Waterlow, the father of Sir Sydney
Water low, who was Lord Mayor of London in 1872, it was
in excellent condition. I took it at Lady Day, 1877, at a
rent of 120 a year, and we spent a good deal of money in
furnishing, and again altered the standard of our domestic
expenditure. In June 1877 there were some apprehensions
that the campaign which Mr. Gladstone had begun in the
previous year on the subject of the Bulgarian atrocities
might imperil the Government and lead to an early General
Election, and at a meeting held at the Hop Exchange in the
borough on July 6th I was adopted as the Conservative
candidate for Southwark if a dissolution should take place.
It was a very large constituency of 250,000 people, with
22,000 electors, and the candidature promised to be a very
arduous one, partly because of its great expense, and partly
because it was extremely difficult to make oneself personally
known, or even known by name, to such an electorate.
Again my good fortune was shown, and two cases which
came to me quite close together not only brought me an
assured success in my profession, but were of a character
which made my name known to the world in a way which
nothing else could have secured to me.
CHAPTER XIII
THE PENCE MYSTERY: 1877 l
FROM the professional point of view the most important
of all my years of practice at the Bar was the year 1877.
My income had steadily risen, the days of anxiety as to
success or failure had gone by ; what I wanted was that
now, when I was just reaching the age of achievement, when
all my powers were at their fullest strength, I should have
a conspicuous opportunity of showing that I was capable
of dealing with the gravest difficulties and responsibilities
which an advocate can have to meet. That opportunity
came in the case which for several months in 1877 was
known as the Penge mystery.
This concerned the death of a woman named Harriet
Staunton, one of the two daughters of a Mrs. Richardson.
Mrs. Richardson was the illegitimate child of one Eleanor
Suter, who many years after her daughter's birth married
the sixth (and last) Baron Rivers of Sudeley Castle. The
elder daughter married William George Howard, the heir-
presumptive to the Earldom of Wicklow, and after his death
put forward a boy as his child, and made an unsuccessful
claim to the Earldom. She afterwards married a Mr.
Casabianca.
Harriet Richardson, the younger sister, had always been
a source of some anxiety to her mother. Her intellect was
weak ; she was incapable of receiving much education,
and was, in her mother's opinion, quite unfit for marriage.
At the death of Lady Rivers, which took place in 1872,
1 The substance of this chapter is taken from a fuller account of the
Penge case which appeared in The Cornhill Magazine of April 1915.
120
1877] THE STAUNTON MARRIAGE 121
each of the two sisters became entitled to money, Harriet's
share being about 2,000 in possession and about the same
amount in reversion. She was then or shortly after living
with some relatives in the south of London. In 1874
her mother, who was now Mrs. Butt erfi eld, having after
Richardson's death married a country clergyman, heard
that a young auctioneer's clerk, named Louis Staunton,
who was twelve years younger than Harriet, was proposing
to marry her. She at once made an attempt to have
her daughter declared a lunatic, and her money placed
under the protection of the Court of Chancery ; but this
attempt was unsuccessful and the marriage took place
in June 1875. The newly married couple went to live
at a small house in Loughborough Road, Brixton, which
had been furnished with part of Harriet's money, and
there a few weeks later Mrs. Butterfield paid them an
unexpected visit. Both husband and wife were at home,
and, as was quite natural in the circumstances, they re-
ceived her very coldly, and a few days later s*he received
letters from them both, asking that the visit should not be
repeated. She never after that saw her daughter alive.
From time to time she made inquiries about her, and a year
later she heard that the house in Brixton had been given
up, and that Harriet, with her child, who had been born
in March 1876, was living at the house of her brother-in-
law, Patrick Staunton, at Cudham in Kent. Seriously
uneasy, she made several attempts to find her. Happening
to meet Patrick Staunton at a railway station she asked
where her daughter was, and he said he knew nothing about
her. Then, in March, she went down to Cudham and found
that Mr. and Mrs. Louis Staunton were living at a house
called " The Woodlands." She went there and saw Louis
and Mrs. Patrick Staunton and begged to be allowed to see
her daughter. She was told that Harriet was not there.
The poor mother did not believe this ; she said she did not
want to talk to her daughter, but just to see her, if only at
a distance, to be assured that she was still alive. She was
driven from the house with abuse and threats of violence,
122 THE PENGE MYSTERY [CHAP, xm
and an application she made to the local police had no
result.
Six weeks passed. No knowledge of her whereabouts
could be obtained. And then a strange coincidence, so
strange that if found in fiction it would be ridiculed as too
improbable, led to the discovery and investigation of a great
tragedy. On the evening of Friday, April I3th, Mr. Casa-
bianca, who had married Mrs. William George Howard, had
occasion to go to a shop at the corner of a then unfinished
road at Penge, called Forbes Road.
Mr. Casabianca knew nothing about the Stauntons, except
that his wife's sister had married a young man of that name,
and that Mrs. Butterfield had been vainly trying to ascertain
her whereabouts. The shop was the local post-office, and,
while Mr. Casabianca was doing the business which had
brought him there, a young man, whom he had never seen
before, came in to ask where a death which had occurred
that afternoon in Forbes Road would have to be registered.
Forbes Road was on the boundary road between two counties,
the houses on one side being in Kent, and those on the other
side in Surrey, so it was natural that inquiry should have
to be made, and that it should be made at that shop. But
the young man was needlessly garrulous ; and one quite
unnecessary statement had momentous results. He said
that the lady whose death was to be registered had been
brought from Cudham. That word reminded Mr. Casa-
bianca that it was at Cudham that Mrs. Butterfield had
made inquiries, and he acted promptly.
He went the next morning to the police, and upon his
suggestion inquiries were made. The doctor who had given
a certificate of death withdrew it ; the coroner ordered an
inquest, and on April igth a post-mortem examination was
made by four doctors who agreed that death had been
caused by starvation.
I was to have appeared for the Stauntons at the inquest,
but I had engagements in town, and Percy Gye went down
on the first hearing and Douglas Straight was taken in on
the second. They had a very difficult task, for when the
i8 7 7]
HARRIET STAUNTON
123
story became known there was a furious outburst of public
indignation. When the Stauntons attended to give evidence
before the coroner they were with difficulty protected from
the violence of the crowd, and they were advised by their
counsel not to be present at the close of the inquiry. The
violence of the public feeling is easily understood when the
facts proved at the inquest are narrated.
For rather more than a year after their marriage in June
1875 Mr. and Mrs. Louis Staunton continued to live at
Brixton, and there in March 1876 a little son was born.
About that time a pretty girl of eighteen, Alice Rhodes,
whose sister had married Patrick Staunton, came to live
in the house, and Mrs. Louis soon had cause to suspect that
immoral relations existed between her husband and this
girl. A few months of constant quarrelling and unhappiness
followed, and then in August 1876 Harriet and her child
were sent down to Cudham in Kent to live with Patrick
Staunton and his wife. Patrick was an artist with very
small means, and lived in a little cottage of only four or five
rooms. A little later Louis, who had by this time obtained
and spent all the money his wife had inherited, and had
induced her to sell her reversionary interests and let him
have the proceeds, took Alice Rhodes to live as his wife at
" The Woodlands," a house which he took and furnished
only a mile from Patrick Staunton' s cottage. From that
time Harriet Staunton was never seen except by Patrick
Staunton and his wife, and their servant Clara Brown, who
was a first cousin of Mrs. Patrick and Alice Rhodes, and
once or twice accidentally by chance visitors to the house.
The neighbours and tradespeople did not know she was
living there.
Six months passed by. During that time Harriet Staun-
ton only left the house twice when she was brought to
London by her husband to make her declaration as a married
woman respecting the deed of assignment of a reversionary
interest to which she had become entitled on the death of
her " great-aunt," Lady Rivers, in 1872, and a part of
which, being her only remaining property, was now sold for
124 THE PENGE MYSTERY [CHAP, xm
1,100. Except for these two visits to London she was
closely confined to the cottage ; her hat and shawl were
locked up, and when strangers came she was ordered to stay
upstairs.
On the afternoon of Sunday, April 8th, 1877, Mr. and
Mrs. Patrick Staunton took the child to Guy's Hospital, and
asked that it might be taken in, as its mother was not able
to take care of it. They gave their own address, but said
the boy's name was Henry Stormton, and that its father was
a carpenter. The child was only taken in by the house
surgeon because he saw it was in a dying condition. It died
at nine o'clock that evening, and on the following Tuesday,
the loth, Louis Staunton gave instructions for its burial
to an undertaker in South wark. He gave his own name
as John Harris, and said that he represented the firm where
the father of the child was employed.
On Thursday, April I2th, Louis Staunton and Mrs.
Patrick Staunton took lodgings in Forbes Road, Penge, for
an invalid lady, and that evening Harriet Staunton, who
was now too ill to walk, was put into a wagonette at Cudham
and driven to Bromley station. Thence the party, con-
sisting of Louis Staunton, Patrick Staunton and his wife,
and Alice Rhodes, came by train to Penge, and the sick
woman was taken in a cab to Forbes Road, and carried into
the lodgings.
A doctor upon whom Louis Staunton had called that
afternoon was then sent for, but he was out and did not
return home until late ; and not knowing the urgency of
the case he did not go round that night.
Mrs. Patrick Staunton and her sister stayed up during
the night, and at nine o'clock the next morning Alice Rhodes
fetched the doctor. He found Harriet Staunton insensible,
the arms rigid, one eye dilated, the other greatly contracted.
A nurse was immediately procured, and the doctor paid a
second visit, but the invalid never recovered consciousness,
and about half-past one of the same day she died. The
nurse got some water to wash the body, but found it in such
S filthy state that she coulc]. not do so, It was caked with
1877] POST-MORTEM CONDITIONS 125
dirt that could not be washed off with a flannel. There
was a great deal of hair on the head ; it had not been combed
or brushed for so long a time that it was full of lice, and had
to be left untouched.
When the post-mortem examination was made, six days
later, the body was found to be fearfully emaciated and
filthily dirty all over, particularly the feet, which the nurse
had not examined. The skin of the feet was quite horny, and
the feet were caked with dirt. The horny condition would
be produced by walking for some time without shoes or
stockings. The height of the body was 5 feet 5J- inches.
The ordinary weight in a woman of that height would be
between nine and ten stone. Harriet Staunton was thin,
and in health only weighed about eight stone ; now the
body weighed only 5 st. 4 lb., and the internal organs
were proportionally small and light ; there was tubercular
deposit at the apex of the left lung and upon the membranes
of the brain. The congestion of the upper part of the
stomach and of the brain suggested poison, and the condition
of the eyes seemed to indicate that a narcotic had been
taken or administered ; but an analysis negatived the idea
of poisoning, and the conclusion arrived at was that death
had been caused by starvation. There was a darkening
of the skin which suggested Addi son's disease or diabetes, but
the only certain indication of the presence of either disease
was neglected, for the urine and the supra-renal capsules
were not examined. Acting on his observation of the
symptoms preceding death and the information given him
by the Stauntons, the doctor had given a certificate that the
cause of death was primarily cerebral disease, and secondly,
apoplexy ; an undertaker had been called in, and the funeral
arranged for the following Monday. If it had not been for
the mention of Cudham in Louis S taunt on' s careless con-
versation at the post-office that funeral would have closed
the story of Harriet Staunton, and the famous Penge case
would never have been heard of.
On May igth the coroner's jury gave a verdict of wilful
murder against the three Stauntons and Alice Rhodes, and
126 THE PENGE MYSTERY [CHAP.XIII
at the Kent Assizes in July a true bill was found by the
grand jury after a very able charge by Sir James Stephen,
who laid much stress upon the distinction which should be
drawn between the case against Alice Rhodes and that
against the Stauntons in whose care Harriet had been.
The indictment was removed for trial to the Central Criminal
Court upon proof of the strong feeling against the prisoners
in the county of Kent, and came on for trial at the Old
Bailey before Mr. Justice Hawkins on September igth.
Alice Rhodes had on July 28th given birth in Maid-
stone Gaol to a boy who was registered as the son of Louis
Staunton.
Sir John Holker (Attorney-General), Sir Hardinge Giffard
(Solicitor-General), and Mr. Poland conducted the prosecu-
tion ; Montagu Williams and Charles Mathews appeared for
Louis Staunton ; I defended Patrick Staunton. Douglas
Straight and H. F. Purcell were for Mrs. Patrick, and Percy
Gye had what was believed to be by far the easier task
of defending Alice Rhodes. We were all members of the
junior Bar, and were all instructed by Lewis and Lewis.
Our briefs were delivered in July, as it was expected that
the trial would come on at the August session, and we had
a full consultation together, and it was agreed that the
medical part of the case should be left entirely to me, an
arrangement which was loyally adhered to by my colleagues
throughout the trial. I gave up the greater part of my
intended holiday to working hard at the study of works
upon tuberculosis, and upon the post-mortem appearances
which would be expected where death had taken place from
starvation. At the trial I had unexpected and very valu-
able help. At the house of my old friend and early client,
Mr. George Marsden, the Vestry Clerk of Camberwell, I had
met Dr. J. S. Bristowe, a very distinguished physician who
was at that time Senior Physician to St. Thomas's Hospital
and Examiner to the College of Surgeons. He wrote me a
private letter expressing a strong opinion that the post-
mortem appearances described by those who had made the
examination indicated that death had been caused by
1877] SIR JOHN HOLKER 127
tubercular disease and not by starvation. Then he came
to see me in consultation ; assisted me by his suggestions
as to my cross-examination of the witnesses for the prose-
cution ; and finally came into the witness-box, and concurred
with Dr. Payne, a very distinguished pathologist, in giving
evidence which, although it was practically ignored by the
Judge, had a great effect on the mind of the medical pro-
fession, and was the chief cause of the remarkable protest
which subsequently caused the setting aside of the death
sentence.
My pleasantest memory of this terrible case connects
with the Attorney-General. Sir John Holker was a powerful
advocate, and one of the kindest and most generous of men.
Tall and massive in person, slow and deliberate in move-
ment and in speech, there was a stately simplicity in his
manner and his diction which was far more effective than
the dramatic gesture and ornate rhetoric of some of his
contemporaries. His phrases, spoken in a full richly-toned
voice, were made more musical by the slight northern accent
which broadened all the vowel sounds. But his great
strength as an advocate lay in his instinctive and conspicuous
fairness to his opponents. This inspired such confidence in
him in judges and in juries that in his day he was almost
irresistible on the Northern Circuit. His death in 1882,
at the early age of fifty-four, when he had only just been
made a Lord Justice, was a heavy loss to the country.
I last saw him early in that year on the sea-front at
Brighton. He was in a bath-chair, and his beautiful and
devoted wife was walking by his side. She gave up her
place to me for a while. It was a lovely spring day, and I
expressed a hope that he was enjoying the sunshine. " Ah,
my dear Clarke," said he, "a dying man does not enjoy
anything."
In the Penge case, and the Detective case which so soon
followed it, Sir John Holker gave to the group of younger
men who appeared for the defence a splendid example of
how a prosecution should be conducted, and I hope the
lesson was not lost on any of us, especially on me who came,
128 THE PENCE MYSTERY [CHAP, xm
nine years later, to the responsibilities of a Law Officer of
the Crown.
Apart from questions of medical science the most import-
ant evidence in the case was given by Clara Brown, who
described the treatment and condition of Harriet Staunton
while she was at Cudham. Before the coroner Clara Brown
swore that she went about the house and out of the house
quite freely ; that she was clean and always well fed and
clothed ; that she knew her husband was living a little
way off with Alice Rhodes, who passed as his wife ; and
that she was in good health until a few days before she was
taken to Penge. This account had been corroborated by
the Stauntons and Alice Rhodes in their depositions. At
the trial Clara Brown made a very different statement.
She said that her previous story was wholly untrue and had
been dictated by the prisoners ; and she now gave a terrible
account of neglect, cruelty, and starvation. The putting
in of the prisoners' depositions before the coroner told
heavily against them.
On Saturday, the fourth day of the trial, the evidence
for the prosecution was closed, and I went down to Brighton
for a little fresh air, and to finish the preparation of my
speech. They had been very trying days. The evident
bias of the Judge, and his persistent unfairness, were in
striking contrast to the moderation and scrupulous fairness
of the Attorney-General, and made the very difficult task
of the counsel for the defence almost hopeless. With any
judge and any jury the conviction of three of the prisoners
for manslaughter, if not for the graver crime of murder,
was quite inevitable, and the special duty of the Judge was
to take care that the case against Alice Rhodes was separately
considered, and that the medical evidence, upon which
the doubt arose whether the graver crime had been in fact
committed, should be carefully examined. Neither of these
duties was discharged ; they were not even attempted.
I hope I may be forgiven for quoting the peroration of my
speech. Forty years have passed since it was spoken,
and I believe I can now judge it with the impartial detach-
1877] A PERORATION 129
ment of old age. I think that in its personal appeal to the
hearers, which covers an argument that is maintained to
the very last sentence, it more nearly realised my ideal of
what a peroration should be than did the closing passage
of any other speech I ever made.
Now, gentlemen, I believe that I have almost finished the
observations that I have to make to you. I urge upon you
that there is no evidence which would justify you in bringing
a verdict of guilty of murder against the man for whom I
appear in this case. And I do urge upon you most seriously,
in asking for your anxious consideration, that there is no
evidence that he is guilty of the crime of manslaughter. I
am anxious to urge this upon you, for I beg you not to look
upon it as if manslaughter were a crime involved or neces-
sarily to be decided by the other. When you have dis-
missed, as I hope you will dismiss, the charge of murder
against him, it is for you then carefully to consider whether
there is evidence against him of this negligence, and care-
lessness, and recklessness, as to which my lord will direct
you. I have no desire to anticipate a phrase which would
entitle you to find a verdict of manslaughter. Is not there
only the mistake the honest mistake of which I have
spoken, the mistake for which he has suffered the most
terrible punishment, to be for months in gaol awaiting his
trial for life, to know that while he lay in one cell of that
gaol, in another cell of that shameful birthplace his wife is
bringing forth the child of their love ; to have to give up
everything that he possesses to supply the means of facing
a criminal trial like this ; to sit I was about to forget the
worst of all to have to sit for five or six days listening to
these discussions going on, and, I fear very much, thinking
now and then how much was being left unsaid that should
be said for him, how much was being left unasked that
might have brought an answer in his favour ?
All this would have been to him an insupportable agony,
it would have constituted to me in this trial a responsibility
almost too great to bear, if he, and I as his advocate, had
not been sustained by the knowledge of the way in which
a jury deals with a question of life and death. Gentlemen,
in a case of this kind, would you venture as Christian men
to pronounce a verdict of guilty unless you were satisfied
beyond reasonable doubt, by evidence which was accurate,
130
THE PENCE MYSTERY
[CHAP, xin
and clear, and trustworthy, and satisfied you to the hilt of
the matters which were alleged, and with which you were
asked to deal ? Will you venture to rely thoroughly upon
the controverted conclusions of the doctors who have dealt
with the medical evidence, or upon the shameless evidence
of that girl who came into the witness-box admitting herself
a perjurer before the coroner, and proclaiming herself in
this court to be the accomplice in the crime she denounces ?
Gentlemen, human justice is depicted as blind. It is not
given to human justice to see and to know, as the great
Eternal knows, the thoughts and feelings and actions of
all men. She has to depend on what she hears. She must
depend on recollection. She must depend on testimony.
She must depend on inferences. How should she deal with
the irrevocable issues of life and death unless those recol-
lections are exact, that testimony trustworthy, those in-
ferences uncontradicted ? How should she lift the sword to
strike and you, gentlemen, guide her hand to-day while
at the moment that the accusing voice is in her ear de-
nouncing the crime the echo of that very voice is heard
proclaiming that the prisoners are innocent, and when
passionless science steps to her side to warn her that there
may have been in truth no crime committed ?
No one who spent the long hours of Wednesday, Sep-
tember 26th, 1877, in the Central Criminal Court could ever
forget that day. Public feeling had been greatly excited
by the reports of the trial, and long before the Court sat a
restless crowd was moving up and down the Old Bailey.
When at half-past ten the Judge took his seat every corner
of the Court was filled, and well-dressed women, favoured
occupants of the choicest seats, stared through lorgnettes
and opera-glasses at the four pale and weary creatures
who came to their places in the dock. Then began the
strangest summing-up that was ever heard in a criminal
case. Speaking in a gentle, clear, beautifully modulated
voice, the Judge set himself to recapitulate all the facts,
however trivial and unimportant, which had been related
in the evidence of the last four days. As an exhibition of
tenacious and exact memory it was wonderful. The narra-
tive was complete and perfectly arranged. But of the
1877] THE SUMMING-UP 131
judicial fairness which should characterise a summing-up,
especially in so grave a case as this, there was not the
slightest trace ; there was constant emphasis upon the
facts which told against the prisoners, and every point
which had been made in their favour was answered, or
turned aside as being of no importance.
All the morning the stream of fact and comment went
slowly on, and when the luncheon hour came three hours
had only brought the narrative to the date when Harriet
Staunton, six months before her death, paid her last visit
to her solicitor in London.
The worst instance of the Judge's unfairness was to come
later in the way he dealt with the medical evidence. That
raised the gravest issue in the case, and almost one-half of
the time spent by the Attorney-General in his reply in dis-
cussion of the facts was devoted to its consideration. During
the half-hour allowed for lunch Montagu Williams came to
me and said : " Hawkins wants to know if you wish him to
deal with the medical evidence, and says that if he does he
will have to make some serious observations which will not
help you." I said : " That is not a question for me to
answer : I have done my duty : the responsibility for the
summing-up is with the Judge, not with me." Sir Henry
scarcely dealt with that evidence at all : of the forty-two
pages which are occupied by the summing-up in the full
report of the trial less than a single page is given to the
medical question on which so much important evidence had
been produced.
The day dragged on. The afternoon sun looked in through
the large west window above the jury-box, and made the
closely shut court more stuffy, and the listeners more drowsy,
as hour by hour the monotonous murmur of the untiring
voice went on. Sunshine had gone when four more hours
had only brought the story to the arrival at Penge, and the
conflict of medical opinion had not been touched when the
Judge suggested a short adjournment, and the jury were
allowed a quarter of an hour's respite. Then, soon after
six o'clock the murmur began again, and for three hours
I 3 2 THE PENCE MYSTERY [CHAP.
and a half no other sound was heard. At last came the
finish, and the jury, tired and almost dazed, wearily went out
to their deliberation. Theirs was a task which should have
been performed when the memory and judgement were clear
and active ; when the mind was fully capable of drawing
the conclusions and distinctions on which the verdict
depended. I thought then, and I think now, writing forty
years later, that only a wicked judge would have sent out
a jury at nearly ten o'clock at night, exhausted by sitting
in one place for nearly eleven hours listening to a single
voice, to consider a verdict involving the lives of four
human beings, whose cases required separate consideration,
and against whom popular feeling had been so strongly
excited and expressed that only the greatest care could
secure for them a calm and considerate judgment ; and, in
the case of Alice Rhodes, without the least attempt to warn
them that the evidence against her, as Sir James Stephen
had pointed out in charging the grand jury, upon whose
finding of a true bill the prisoners were being arraigned,
was of the slightest possible kind.
The jury were out for an hour and a half. It was a strange
and terrible sight when we went back into the court. Its
sides and corners and roof were deep in shadow ; the in-
sufficient gas-light, feebly helped by candles which flared
and guttered here and there, only faintly lighted the front
row of the counsel, and the faces of the four prisoners, and
the jurymen coming back to their seats.
" Gentlemen of the jury, have you agreed upon your
verdict?" "We have."
" Do you find the prisoner Louis Adolphus Edmund
Staunton guilty of the murder of which he stands indicted,
or not guilty ? "" Guilty/'
All eyes are turned at once towards the dock. Ever since
two o'clock that afternoon a doctor had sat at Louis
Staunton' s elbow ; the strange grey ashen colour of the
prisoner's face seemed to threaten a collapse. Now the face
may be a shade whiter, the hands grip the front of the dock
but that is all.
1877] THE DEATH SENTENCE 133
" Do you find the prisoner Patrick Llewellyn Staunton
guilty of the murder of which he stands indicted, or not
guilty ? " " Guilty."
As the word is spoken Mrs . Patrick catches at her hus-
band's hand. In a strange broken voice, half scream and
half a gasp, she cries out : "We can bear it, for we know
it is not true." I think she scarcely heard the question
about herself or the answer, Guilty.
" Do you find the prisoner Alice Rhodes guilty of the
murder of which she stands indicted, or not guilty ? "
"Guilty."
There is a slight shiver in the court, a little sob of com-
passion as the girl falls back fainting into her chair.
" The jury recommend both female prisoners to mercy,
and we strongly recommend Alice Rhodes."
Then in pitiless tones the Judge pronounces the sentence
of death. He tells them that they plotted together to
commit a crime so black and hideous that he believes in all
the records of crime it would be difficult to find its parallel.
Then he puts the finishing touch to the iniquity of his own
behaviour by telling them that he is satisfied (although no
evidence had been given) that they contemplated and
brought about the death of Harriet Staunton' s infant child.
As he spoke we could hear the exultant shouts of the
crowd which, although it was nearing midnight, still waited
in the neighbouring streets.
The misconduct of the Judge saved the prisoners' lives.
The indignant protests of Charles Reade and Clement Scott
might not have availed, but when The Lancet made a strong
appeal to the medical profession, and four hundred doctors,
with Sir William Jenner at their head, signed a declaration
that they were convinced that the morbid appearances
observed in the post-mortem examination of Harriet
Staunton' s body were such as to indicate death from cerebral
disease, and that the symptoms recorded during life, and
especially those immediately preceding death, were not
symptoms of starvation but were the usual and charac-
teristic symptoms of certain forms of disease of the
10
134 THE PENCE MYSTERY [CHAP, xin
brain, it became clear that the death penalty could not
be inflicted, and on October I4th the prisoners were
reprieved.
A little later Alice Rhodes was set free, and the sentence
on the others was commuted to penal servitude for life.
I may as well complete the story. Patrick Staunton died in
prison not long after his conviction. His wife was released
after a few years, and in another name found an occupation
in which she made herself a prosperous position. In 1897 a
relative of Louis Staunton called to see me and said that he
was about to be released, and asked if I would do anything
to help him in earning a living. I said I should like to see
him, and presently there came to my chambers a middle-
aged man, with subdued voice and gentle manner, whom of
course I could not recognise. I had a long interview with
him, for I was curious to know what sort of impression
twenty years of penal servitude would leave upon a man.
Upon him it seemed to have left no impression at all. He
never once spoke of it as having involved suffering, and
there was only one incident in the whole of the twenty
years which seemed to have fixed itself in his mind as a
subject of painful recollection. He told me that when he
was at Portland, rather early in the time, he one day passed
in front of the Governor when he was speaking to some one.
The Governor caught him by the shoulder and flung him
down, and in falling he struck his head against a table and
cut it rather badly. He said he resolved to complain of
the Governor, but was advised not to do so, and that he
followed the advice and was glad afterwards that he acted
upon it. So far as I could gather this was the only event
in the whole twenty years which had left on his mind the
remembrance of hardship or suffering. I found he wanted
to be employed in his relative's business, and I said I would
either give him 2 a week for two years, which I thought
the best way to secure him from want, or I would give him
100 at once which he could put in the business he proposed
to join.
The 100 was about the same as the amount of the
1877] SIR HENRY HAWKINS 135
fees I had received in the case, which had brought me great
rewards. He chose the capital sum, joined his relative,
and worked in that business for two or three years. When
I last saw him, about seven years later, he was married
and had a child, and was in business for himself in the name
he had assumed when he left the gaol, and he was doing well.
Sir Henry Hawkins continued his career of public dis-
service. There were other cases, notably the Hansard
Union case, the Portsea Island Building Society case, and
the Salisbury Baby case, in which his worst characteristics
were shown, and when he retired in 1898 I wrote to Sir
Richard Webster, the Attorney-General, to say that if it
were proposed to follow in his case the very mischievous
practice which had then sprung up of having a public leave-
taking at which the Attorney-General made a complimentary
speech attributing all sorts of virtue to the retiring judge,
I should make a public protest.
The protest did not become necessary, for Sir Henry
went one afternoon to the Middle Temple Hall, and there
took leave of his friends.
CHAPTER XIV
THE DETECTIVE CASE : 1877 1
ON the day that Harriet Staunton died at Penge and Louis
made his disastrous mention of Cudham at the local post-
office, Baron Huddleston at the Old Bailey began the trial
of the actors in what was known as the Great Turf Fraud.
In the latter part of 1876 a group of swindlers, all well
known to the police, had carried out a singular^ elaborate
and daring scheme of plunder. They sent by post to
wealthy persons in France a sham newspaper, which told
the story of a Mr. Montgomery who had such wonderful
knowledge and judgment in racing matters that the book-
makers, who had already lost to him half a million of money,
would not take his bets, and so compelled him to speculate
by indirect methods. He asked his foreign friends to help
him by sending to certain bookmakers whom he would
name cheques which he would provide, for bets on the horses
he wished to back. There would be no risk whatever, and
those who were good enough to do him this service should
have 10 per cent, of his winnings. They could also back
these horses on their own account, thus having the advantage
of his advice.
The conspirators, under various aliases, took rooms in
different postal districts in the West End of London and
played the part of the bookmakers with whom the bets were
to be made. A thousand cheques were printed and stamped
bearing the name of a non-existent bank, and were sent
out to the would-be investors, and by them forwarded to
1 A fuller account of this case appeared in The Cornhill Magazine for
August 1915.
136
1877] POLICE COMPLICITY 137
the sham bookmakers. The bait took. So many persons
were anxious to secure the whole profit instead of only
10 per cent, that, with the sham cheques which they them-
selves provided, the swindlers received real cheques for
bets on the selected horses, and in the course of a single
month they had netted about 15,000.
The fraud was soon discovered, and on September 25th a
solicitor named Abrahams, who practised in London and
Paris, went to Scotland Yard, where the case was put into
the hands of the Chief Inspector Druscovich, one of the
ablest and most trusted members of the detective force,
who had been in the service sixteen years, and had earned
rapid promotion and several special rewards.
The ingenuity of the scheme was remarkable, but still
more remarkable was the fact that although the men con-
cerned and their residences and their haunts were quite
well known to the police it was not until December that
any arrest was made. During the interval the swindlers
travelled about England and Scotland, making hardly any
attempt at concealment, and spending freely the money
that had come to their hands. Eventually in April 1877
they were convicted before Baron Huddleston, and were
sentenced to long terms of penal servitude.
Evidence given at the trial showed quite clearly that
they must have been assisted by the police officers who
had been employed to arrest them, and soon after their
conviction the conspirators made statements which in-
volved four of the most important members of the Scotland
Yard detective force. They alleged that Druscovich had
from time to time given them information as to the com-
plaints which were made, and the numbers of the bank
notes which were stopped, and had actually met one of
them by appointment in Edinburgh on November loth,
and had arranged to delay his journey to the place where
they had been staying, so as to enable them to get clear
away. They said that another trusted detective named
Meiklejohn had been in their pay for several years, and
had given them information as to complaints, had warned
138 THE DETECTIVE CASE [CHAP, xiv
them when it was decided to apply for warrants, had some-
times succeeded in stopping inconvenient inquiries, and
had during the very ineffectual pursuit of this autumn
advised them as to the best means of avoiding capture.
They also alleged that George Clarke was an accomplice,
and had been well paid for his services. This last accusation
was for a time absolutely disbelieved. Clarke was the
senior officer of the detective force at Scotland Yard, and
when Superintendent Williamson was away he took charge
of the office. He had been in the police force thirty- seven
years, and since 1869 had been much engaged in suppressing
offences against the betting laws, and had shown great
energy, industry, and skill, in procuring the conviction of
many persons for such offences. But the statements were
so definite, and in some important respects were so strongly
confirmed, that eventually Clarke was included in the charge
of conspiracy to defeat the ends of justice. After many
hearings at Bow Street, Clarke, Druscovich, Meiklejohn,
and another well-trusted inspector named Palmer, together
with Edward Froggatt, a London solicitor, were committed
for trial.
My speech in the Penge case was then attracting a good
deal of attention. Clarke came to me with an introduction
from Mr. George Lewis, assured me that he was innocent,
and begged me to defend him, and in consideration of his
slender means to accept a small fee and very small refreshers.
I believed him and sympathised with him, and agreed to a
refresher of five guineas a day, half the amount which had
been paid me in the Staunton case.
The trial, which began at the Old Bailey on October 24th,
1877, was the longest which has ever taken place in that
Court. There were several Jews on the jury, and at their
request the Judge agreed not to sit on Saturdays. Twenty
full days were occupied by the trial ; eighty-seven witnesses
were examined for the prosecution ; one day was filled by
the Attorney-General's opening, and nearly two days by
his reply.
Sir John Holker's opening completely explained the
1877] HARRY BENSON 139
strange delay which had taken place in bringing to justice
the contrivers of the Great Turf Fraud. The concocters and
chief actors in that fraud were two young men named
Harry Benson and William Kurr. Benson was an English-
man, born in Paris, where his father was in business. ID
1871 he had attempted a fraud on the French Relief Com-
mittee at the Mansion House by representing himself as a
French Marquis from a town in France which had been
burnt by the Germans, and whose inhabitants were in the
greatest distress. For this he had been sentenced to twelve
months' imprisonment. He spent this period in the prison
infirmary, for while awaiting trial he had tried to commit
suicide by setting on fire the bed on which he was lying, and
although his life was saved his legs were so severely burnt
that he was ever afterwards a hopeless cripple. In 1874
he was in lodgings at Dalston when he became acquainted
with William Kurr, and thenceforward he was the contriver
and Kurr was the chief actor in the schemes of fraud. With
money obtained by one successful adventure Benson went
in January 1875 to the Isle of Wight, and there in the name
of Yonge, which he had adopted on leaving prison, he took
a pleasant house at Shanklin called Rosebank. An elderly
widow, Mrs. Avis, with whom he had lodged at Dalston,
came there to be his housekeeper. He had, besides two
female servants, a coachman, a footman, and a French valet,
he kept two carriages ; and he let it be understood that
he was really a French nobleman, even of princely rank,
and on terms of friendship with the Empress of Austria.
Vivacious, intelligent, and well educated, an accomplished
musician, himself a composer, he was soon accepted as a
pleasant associate by some of the good society of the Isle
of W T ight, and the occasional accidental dropping of a hand-
kerchief with an embroidered coronet and the letter " M,"
which was supposed to stand for Murat, gave a touch of
interesting mystery to the acquaintance.
The purchase of a controlling interest in a local news-
paper was useful in establishing his position. William
Kurr when he made Benson's acquaintance was only twenty-
I 4 o THE DETECTIVE CASE [CHAP, xiv
three years of age. As a boy of fourteen he had been a
clerk in the office of the South Eastern Railway, but a year
in that employment tired him of respectability, and he
became a betting tout and clerk to fraudulent bookmakers
and money lenders, and according to his own account given
at this trial he lived from the year 1871 onwards by plunder-
ing and swindling the public. He kept, and carefully
docketed, and placed in safe places of deposit, all the letters
and telegrams which he at any time received from his
accomplices in the police force, and which, useful as they
had been in maintaining his hold upon them, were now used
to obtain his own release from the penal servitude to which
he had been sentenced. Their production, and the inde-
pendent confirmatory evidence which was now forthcoming,
made any effective defence of Druscovich, Meiklejohn,
Palmer, and Froggatt quite impossible. Bank-notes which
were unquestionably the proceeds of the fraud were traced
to the possession of Druscovich and Meiklejohn ; an im-
portant letter and telegram which warned Benson of pursuit
were in the handwriting of Palmer ; a forged telegram which
nearly produced the release of the fugitives when they had
been arrested at Rotterdam was in the handwriting of
Froggatt, and although my colleagues did valiantly all that
could be done for their clients, the only chance of escaping
the conviction of either of these four prisoners lay in the
possibility that one or two members of the jury, who of
course went to their homes every night, might be corrupted
and induced to refuse to agree to a verdict of guilty. The
authorities were somewhat uneasy about this, and upon some
jurymen who lived in the East of London a careful watch
was kept.
In Clarke's case there was room for doubt, and my task
in defending him was very interesting, but not very easy.
He had been three times to see Benson at Shanklin in 1875 ;
once with the knowledge of Superintendent Williamson and
upon an innocent errand. The two later visits were paid
without the knowledge of his superiors, and were not re-
ported at the office. Benson said that on the second visit
1877] THE BRIBES 141
he had paid Clarke 50 in gold. Kurr said that on Sep-
tember 25th, 1876, when information of the fraud came to
Scotland Yard, Clarke saw him and asked if the French
notes had been changed.
This precaution had been taken, and it was not until
three days later that the English bank-notes for which they
had been exchanged were stopped at the bank, and warrants
issued for the arrest of the criminals.
Even then the warrants were taken out, not in their
real and well-known names, but in the fictitious names
which they had assumed for the purposes of the fraud.
Kurr said that a week later he gave Clarke 150 in gold,
and gave Meiklejohn a cigar box with 200 in gold in it to
give to Druscovich.
Meiklejohn was paid 500 three weeks afterwards, and so
safe did the conspirators think themselves that he took it
in five 100 notes of the Clydesdale Bank, which Benson, by
a very bold trick, had obtained in exchange for the English
notes which had been stopped.
If the evidence of Benson and Kurr were accepted the
proof of guilt was, of course, complete ; and the great
strength of that evidence, as Sir John Holker pointed out,
lay in the fact that their statements to the Treasury Solicitor,
afterwards repeated in the witness box, were given separ-
ately, without any opportunity of communication, or of
either of them learning what the other had said, were in
complete agreement, and that m the long and detailed
narrative, full of details and of dates, scarcely any incon-
sistencies could be detected.
Again it seemed scarcely possible that during three
months, while Meiklejohn and Druscovich and Palmer
were doing their parts in a conspiracy to prevent the arrest
of Benson and Kurr, the chief inspector at Scotland Yard,
who had himself twice been to the Isle of Wight to see
Benson, and knew that he was in some way associated
with betting frauds, should have failed to suspect that his
immediate subordinates were responsible for the strange
delays which were hindering the course of justice.
142 THE DETECTIVE CASE [CHAP, xiv
The evidence of the convicted criminals again had some
important corrobo ration.
A man who had been in Benson's service as valet from
June to Christmas in 1875 said that besides seeing Inspector
Clarke upon his two visits to Shanklin he saw him visit
Benson at the Westminster Palace Hotel and the Langham
Hotel ; and that on another occasion he went with Benson
to Clarke's house, and that Clarke came out and was talking
to Benson for twenty minutes. This confirmed statements
made by Kurr and Benson.
A cabdriver was called and said that in the autumn of
1876 he drove Kurr from his house in Marquess Road,
Canonbury, to the corner of Great College Street, West-
minster (where Clarke lived), set him down there, and waited
for him about half an hour ; and that about a fortnight
later he again drove him to the same place, waited for him
half an hour or three-quarters of an hour, and then drove
him back to the Marquess Road. This was the visit at
which Kurr stated that he gave Clarke 150 in gold.
But the most difficult evidence to deal with was that
which related to Clarke's correspondence with Benson,
Mr. H. R. Clarke, the principal of the Shanklin College,
Isle of Wight, gave a curious little bit of evidence. He was
the owner of Rosebank, which he had let to Benson. In
August 1876 at Benson's request he went to the house and
took possession of all the letters he found there. From
these he, according to Benson's instructions, selected the
letters and telegrams sent by Clarke, and put them in a
packet, and sent them by post to 324, Essex Road, Islington.
But he made a mistake in the name, and addressed them to
" Watson " instead of " Hawkins." They were returned
to the Dead Letter Office, and remained there until after
Benson had been convicted, and had given information to
the Treasury Solicitor. All the other letters at Rosebank
were destroyed.
These letters now produced were dated April igth and
26th and June i6th and i8th, 1875. No official note
had been made of their dispatch. There was nothing
1877] MRS. AVIS 143
actually compromising in their contents, but they referred
to letters which had been received from Benson and which
Clarke had not reported or preserved.
The evidence of the next witness appeared to make the
case complete.
Mrs. Avis was a respectable woman about sixty years of
age, with whom Benson had lodged in 1873 and 1874 and
who was housekeeper at Rosebank in 1875. Benson in
his evidence had said, " I got Mrs. Avis to copy my letters
to Clarke, or some of them, because I did not wish that any
of my handwriting should fall into his hands. Some of the
letters she copied were written between April I3th and
July 5th, 1875. I was last at Shanklin on June 27th, 1876."
Mrs. Avis now said that of the last four letters she thus
copied she kept the drafts, and that she posted some of the
copies herself to the address which Benson gave her, " George
Clarke, Esq., 20, Great College Street, Westminster." When
she left Rosebank these four drafts were the only ones she
took with her, and they remained in her hands until she
gave them to the Treasury Solicitor in May 1877, after
Benson and his accomplices had been convicted.
The drafts now produced were all in Benson's hand-
writing, and the dates of two of them, June I5th and I7th,
corresponded with Clarke's letters of June i6th and i8th
which had been rescued from the Dead Letter Office.
The importance of this evidence could not be denied.
In each letter Benson referred to his " debt " to Clarke and
his desire to pay it, speaking of it on one occasion as a debt
due to Mrs. Clarke.
The first letter asked Clarke to come to Shanklin, and the
postscript said, " If you do not like to write, merely let me
know what time I may expect you, as it is urgent I should
see you before Saturday." An undated draft contained a
still more compromising sentence. "It is quite possible
that in a day or two I shall have to come to London, and
I hope you will appoint a place where to see you, unknown
to any one. I shall then have pleasure in acquitting myself
of the balance due to you. Please return this letter to me."
144 THE DETECTIVE CASE [CHAP, xiv
There was another portion of the evidence which bore
heavily against my client. In the correspondence between
the confederates, especially between Kurr and Meiklejohn,
Inspector Clarke was frequently mentioned as " C," "the
Chieftain," " the Old Man/' and " the Old Man of the Duke
of York's Column." No statement in that correspondence
directly implicated Clarke, nor would it have been evidence
against him if it had, but it was clear that, rightly or wrongly,
the conspirators believed that they had nothing to fear
from the Chief Inspector of the Detective Police.
It will be realised that my task in defending my client
was a very difficult one. It would, indeed, in my opinion,
have been practically impossible to obtain an acquittal
if at that time the law had permitted accused persons to
be called as witnesses. The strange rule which then pre-
vailed by which neither a prisoner nor his wife was a com-
petent witness, a rule which was the worst example of judge-
made law which I have ever known, often operated cruelly
against an innocent person, but in nine cases out of ten it
was of advantage to the guilty. The change in the law
which has very properly been made has seriously reduced
the opportunities of the advocate. A brilliant speech
before the prisoner is called is dangerous ; when the prisoner
has been called it is often impossible.
My cross-examination in the Detective case was careful
but by no means long. It is a very useful general rule that
you should not cross-examine when you cannot contradict.
By provoking a repetition of the story you fix it on the
minds of the jury, and you run the risk of the mention of
some fresh detail which may be a strong, perhaps a con-
clusive, evidence of its truth.
So I cross-examined William Kurr and Mrs. Avis very
briefly, although even then one incautious question to Mrs.
Avis did me some mischief.
Harry Benson required special treatment. My chief
object was to show him at his best ; as the polished and
educated man who was capable of deceiving and outwitting
even a trained inspector of police. He looked little like
1877] GROSS-EXAMINATION 145
that when my turn came to cross-examine him. He was
ill ; it was the afternoon of his third day in the witness-
box ; and all that morning he had been cross-examined with
just severity, but with some roughness, by Montagu Williams.
As he sat in the chair put for him in the witness-box,
in the ugly convict's clothes, hair cropped, face worn with
illness and fatigue, he was a pitiful object. My first words
brought a change. " Now, Mr. Benson, I have a few
questions to ask you." It was the first time for months
that he had been spoken to in any tone of courtesy. His
face lit up, he rose to his feet, bowed in acknowledgment,
and stood with an air of deference, waiting to reply. Then
I asked him about his education, his musical accomplish-
ments, his friends in society at the Isle of Wight, and the
appointments of his pleasant home at Shanklin ; and before
the friendly conversation had lasted ten minutes, I felt that
my object had been attained.
The refinement and even distinction of manner, which
had imposed upon Sir Thomas Dakin and Mr. Alfred Roth-
schild, again became perceptible, and while it did not influence
the jury to believe his evidence, it made them think it
possible that even Inspector Clarke might have been deceived.
There was another witness who needed very careful cross-
examination. Superintendent Williamson was called to pro-
duce reports which had from time to time been made by the
accused officers, and to prove the handwriting of some of
the documents. He also produced an envelope addressed
to Giffard, Bridge of Allan, in Kurr's handwriting, which
had been posted in London on November loth, and con-
tained a piece of blotting-paper with the printed char-
acters which it was alleged Clarke had sent.
Now Mr. Williamson had been associated with Inspector
Clarke in the detective work at Scotland Yard for many
years ; had found him a most valuable assistant ; had
treated him with entire confidence ; and, until the occurrence
of the strange difficulties and delays in the arrest of Benson
and Kurr, had never seen cause to doubt his fidelity. I was
informed that he still had some friendly feeling towards his
146 THE DETECTIVE CASE [CHAP, xiv
old colleague, and that he would not be sorry if his evidence
were to assist me in my defence. But he was a man of
the strictest honour, and every question would certainly
be truly answered, whatever the effect of the answer might
be. My task therefore was so to frame my questions that
each should bring a reply in my client's favour, without
provoking any qualifying phrase which would indicate the
opinion of the witness on the case actually before the jury.
On that task I spent many hours. I prepared questions
and answers as if I were studying a chess problem, seeing
how far it would be possible to follow up and emphasise
with safety the favourable answers which I knew some of
my questions must receive. My labour was well rewarded,
and Superintendent Williamson's evidence did much to
help me to success.
The first week of the trial the opening speech of Sir
John Holker and the evidence of Kurr and Benson was
very interesting. The second and third weeks, with the
long procession of witnesses to prove the details of the story,
were very dull, and then came the final speeches.
My speech for Clarke was the most elaborately prepared
of all my forensic speeches. I had three weeks for its pre-
paration, and plenty of time for drafting it while unimport-
ant witnesses were being examined.
I have no room for quotation, and the speech if read at all
should be read as a whole. Then the purpose of its arrange-
ment will be seen. My scheme was to throw all my strength
into an exordium which might make the jury feel that such
an accusation made against a man of stainless reputation
and long-continued public service was really incredible.
Then, when I came to deal, discreetly and not in too great
detail, with the serious evidence against him, each of the
twelve minds which it was my duty to influence would be pre-
disposed, and even eager, to reject or explain away, or wholly
to ignore, facts which were inconsistent with the conclusion
at which it had already, if unconsciously, arrived. The
peroration was intended to sweep away any lingering doubts
by the confidence of its rhetorical appeal for an acquittal.
1877] MY CLIENT ACQUITTED 147
By far the larger part of the Attorney-General's reply was
devoted to the case against Clarke. While he was speaking
Sir Hardinge Giffard came in and sat beside me. Presently
he said to me, " He is putting in some pretty heavy shot."
' Yes," said I, "he is, but I think I have made a Plevna of
my own." Europe was then ringing with the story of the
magnificent defence which has been a warning to the world
ever since of the formidable fighting power of the Turk.
My illustration was accurate. After the trial I was told
by one of the jury, either Mr. Wertheimer, the foreman, or
Mr. Godfrey Pearse, that at the end of my speech the jury
practically agreed that Clarke must be acquitted, and did
not pay very great attention to Sir John Holker's subse-
quent examination of the evidence. There was a model
summing up by the Judge, clear, complete, but not over-
elaborate, and quite impartial, and then, after fifty minutes'
consideration, which, I believe, was entirely concerned with
the question which, if any, of the prisoners should be re-
commended to mercy, they gave their verdict of " Guilty "
against Meiklejohn, Druscovich, Palmer, and Froggatt, and,
amid cheering in the Court and in the street, found Clarke
" Not Guilty."
Druscovich and Palmer were recommended to mercy;
but Baron Pollock said that the highest sentence he had
power to pass was quite inadequate as punishment for so
grave an offence, and sentenced them all to two years'
imprisonment with hard labour.
Inspector Clarke was at once retired from the detective
service upon a substantial pension.
The convicts who had given evidence were soon after-
wards released, and I know nothing of their subsequent
history, except that Benson was some years later convicted
of fraud in New York, and imprisoned in the Sing Sing gaol.
One day he flung himself over the balustrade of the well
staircase of the prison, and was killed by the fall.
Palmer was more sinned against than sinning. He knew
nothing of Kurr or Benson, and had received no bribe from
any one. He had been persuaded by some one more astute
148 THE DETECTIVE CASE [CHAP, xiv
than himself to write the telegram and letter whose pro-
duction convicted him, and in loyalty to his fellow prisoners
he kept silence. After his term of imprisonment had ex-
pired he was allowed by the Surrey magistrates, partly at
my instance, to become the holder of a public-house licence,
and I believe did well.
CHAPTER XV
SOUTHWARK: 1877-1880
THE two cases which I have just described were valuable
to me in many ways. The actual fees which I received were
not large ; in the Penge case, which lasted for seven days, I
had forty guineas on my brief and ten guineas a day re-
fresher ; in the detective case, which lasted twenty days,
my total fees were under two hundred guineas. But the
opportunity came to me at the stage of my professional
career when it was most valuable, and when I was at the
age when my powers, such as they were, had reached their
full strength ; and I was able to make two speeches which
I place among the six forensic speeches by which I hope
to be remembered.
The immediate effects were very pleasant. A chorus of
eulogy in the press made my name very widely known ;
my income rose at once from 3,000 to 5,000, and con-
tinued to progress from that higher level. I had come to
the front rank in my profession, and now I determined to
go forward with all my energy in the work of politics. My
candidature for South wark was decided upon at a meeting
of the Conservative Association in July 1878, and it was
formally inaugurated in 1879, in view of the approaching
dissolution, by a banquet at the Bridge House Hotel on
February I3th, a date which has been curiously important
in my political history ; and from that time forward I was
continuously at work in the borough of Southwark.
I lectured on various subjects at parochial schoolrooms,
joined Conservative clubs and spoke at their smoking
150 SOUTHWARR [ctiA*. XV
concerts ; subscribed to athletic clubs and presided at their
dinners ; and was always seen and very often heard at
public functions in the borough. The fact that I attended
the Surrey Sessions at Newington, then within the parlia-
mentary borough of Southwark, and had a large practice
at the Licensing Sessions, amounting indeed to about 600
a year> was of course a great advantage to me, and made me
thoroughly familiar with the neighbourhood, and person-
ally known to a class of men who at that time, when election
committee rooms were almost invariably found at public-
houses, had an even larger influence at elections than they
at present possess.
But with all these advantages and with all my activity
I was not satisfied with the progress made. In those days
the circulation of newspapers in a working-class constitu-
ency was very small. We had no local Conservative paper.
Outside the private rooms of a handful of large traders and
wharfingers The Times was never seen, and the cheaper daily
papers rarely mentioned the political affairs of a South
London district. If they had, very few of the electors
would have seen them. I determined to try to lessen at
all events this disadvantage by having a weekly paper of
our own.
There existed an old-established paper called The Kentish
Mercury, which was published by Messrs. Merritt and
Hatcher at Deptford, and was edited by a very able jour-
nalist and staunch old Tory, one James Watson.
I went to the proprietors and suggested that they should
publish a separate edition of The Kentish Mercury to be
called The Southwark Mercury, which should contain in its
two central pages nothing but Southwark news, and should
have half a column of advertisement space which should
be at our disposal for any political announcements we wished
to make, and I asked on what terms they would issue such
a paper. They said they would do this upon a subscription
to be paid in advance at a penny per copy for two years.
It was originally suggested that 2,000 copies should be
delivered in parcels of 500 each at four Conservative
"THE SOUTHWARK MERCURY" 151
clubs in different parts of the borough, but we found we
should then be in much difficulty in distributing the paper,
and eventually it was agreed that we should pay the sub-
scription for the 2,000 copies, but that instead of that
number being delivered at the clubs, 1,200 copies should be
sent by post to addresses which we would supply. We
had some difficulty in getting subscribers, and of the 866
required I think I had to find 500 myself, but the money
was well spent.
There were in the borough some eight hundred public-
houses, beer houses, and coffee houses, and to each of
these a copy of the paper was sent free of charge every
week.
The first number appeared on January 4th, 1879, and I
have no doubt whatever that it was in great measure owing
to this paper that I had the triumphant success which came
to me a year later. I was in constant communication with
the editor as to what should appear in the columns of
Southwark news, and the speeches I made and the lectures
I delivered were well reported, and so I was enabled to make
a general appeal to the constituency which would not have
been possible in any other way.
And every now and then a good strong well-written lead-
ing article pointed out to the voters how great was their
good fortune in having the opportunity of sending me to
the House of Commons.
All things went well with me. In strong health, with a
loving wife and three dear children, an income rapidly
growing far beyond my needs, and the prospect of
political success brightening before me, I was indeed a
happy man.
People often speak lightly of such and such a day as
being the happiest day of their lives. One of the very
happiest of mine was June I4th, 1879. It was a beautiful
summer Saturday, and before I left home in the morning I
arranged a little excursion with my wife and children for
the afternoon.
At chambers I found a letter from the Attorney-General.
I52 SOUTHWARK [CHAP, xv
DEAR CLARKE,
Would you like to hold the office of Attorney-General's
Devil ? If yes I will confer it upon you. Please let me
have an answer at your earliest convenience.
I remain,
Yours sincerely,
JOHN HOLKER.
It was a very tempting offer. Bowen, who had just been
made a judge, after seven years' tenure of this office, was
said to have earned an income of 11,000 a year, and al-
though mine already reached 5,500, the difference was
not unimportant. Besides, the work of the Junior Counsel
to the Treasury was regular and certain, and by almost
unbroken rule it led in due time to a judgeship. But I
went to Sir John Holker's room resolved to refuse it, and I
told him so. He was very kind ; he pointed out the value
of the position, reminded me of the reversionary judgeship,
and warned me not to make a hurried decision which I
might afterwards regret.
I was firm, and said I was earning more than I needed for
my ordinary wants, that I had every hope that my income
would go on increasing, and that my ambition to sit in the
House of Commons looked likely to be fulfilled at the next
election. He listened ; suggested reasons for not refusing,
and at last said, " Well, have you made up your mind ? "
" Yes," said I ; "I thank you very much for the offer,
and shall always be very proud of it, but I finally refuse/'
" Then," said he, shaking my hand, " I tell you you
are quite right. You will enjoy Parliament, and I believe
you will have a great career."
Then he asked me to whom he should give the post. I
told him I thought that question was a greater compliment
to me than the offer had been, and said there were two
men at the Bar either of whom would make an excellent
appointment. They were J. C. Mathew and A. L. Smith.
Mathew, I said, was in all the big commercial cases, and
would certainly get a judgeship soon, and he was not a
man of strong physique.
1877-80] JOY AND SORROW 153
But A. L. Smith was a strong man, a splendid worker,
the very ideal of a Treasury Counsel. " Then," said the
Attorney-General, " I will give it to him."
When I left the room my excellent clerk, John Peacock,
who had then been with me eleven years and who had
guessed the reason of the interview, was anxiously waiting
to hear the result, and looked very sad when I told him I
had refused. " Why whatever do you want, sir ? " said
he. " Well, John," I said, " I should like to have ten
years in the House of Commons and be Solicitor-General."
I went to Waterloo to meet my dear ones, and we travelled
to Richmond, where the Inns of Court Rifles, of which I
had been for some years a member, were in camp and having
a reception and some sports.
After a pleasant hour there we walked on through the
park to Twickenham Ferry. My dear wife was full of joy
and pride, my girl of ten and my boy of seven danced along
beside us. We were all in perfect health, all as happy as
human souls can be ; no earthly blessedness was denied us.
I have never since that day felt the glow of perfect
happiness without trembling to think of what the future
might have in store.
Within a week my dear mother's health had broken down,
and she had passed into the condition of a hopeless invalid,
to linger on for three years of mental and physical decay.
Within a month a sudden and previously unknown or un-
noticed cough had alarmed me about my wife, and I had
received from Sir Andrew Clark, to whom at once I took
her, a letter telling me that her lungs were so seriously
affected that she could not live for more than two years.
In less than four months my darling little Mabel, who on
that June day had looked a very picture of childish life
and beauty, died of tubercular meningitis.
I had taken my wife to Devonshire that autumn in the hope
that the softer air would relieve the cruel cough which was
now wearing down her strength, and had then left her with
friends at Petersfield while I came back to work.
One evening my little girl leaned her head upon my
I 54 SOUTHWARK [CHAP, xv
shoulder and complained of headache. The next day it
continued and her eyes had a strange look.
I fetched her mother to town and called in a noted expert
in children's ailments. He took me to the door when he
left, and told me to break it to my wife that the case was
hopeless, and that our child could not live for many days.
A week later I held her hand, and repeated Greenwood's
exquisite poem, but I do not think she heard me.
" It is only a falling asleep 'twixt the evening and morning light."
" Good- night then, papa, and God bless you." " My darling, my darling,
good-night."
So in three years from that day when I seemed to touch
the very height of earthly happiness, child, wife, and mother
were all to be lost.
The year 1880 opened sadly. The loss of our dear little
daughter had fallen very heavily on my wife and myself,
and there was the ever-present trouble of her own gradually
failing health. The winter in London tried her too much,
so I took rooms for her at Hastings, and went down myself
from Saturday to Monday. My legal work was very trying,
for the earning of between 5,000 and 6,000 a year in junior
practice means very long hours of work and a great deal of
monotonous if not difficult labour ; and the coming elec-
tion, which could not be long delayed, kept me constantly
busy with meetings and dinners at Southwark, and in the
work which had to be done for The Southwark Mercury.
I felt very weary and depressed, and even thought of
asking to be released from my candidature, v/hen suddenly
the opportunity came to which I had so long been looking
forward.
The story of the Southwark election may be partly told
in the letters which I found rather more than a year later
in the desk where my dear wife had treasured them.
ST. STEPHEN'S CLUB,
January zoth, 1880.
MY DARLING,
I have been dining here this evening and working
away since dinner at my speech for next Monday, and now
1877-80] A HUSBAND'S LETTERS 155
before I go home I will have a little chat with my Pet. I
have really something to tell you. Do not be disappointed ;
it is not that the " Silk " has come ; I have heard nothing
about that. But I hear that this afternoon Mr. Locke was
taken home from the Temple very ill. He is an old man,
and quite possibly a few days may see a vacancy for South-
wark. In one way it would be a serious matter for me.
To have to fight Southwark twice in a few months would
be a very costly thing. However, I must fight if the chance
comes and trust to success to make it up to me. I hope you
have had two days as bright and pleasant as they have
been here, and that the improvement it made me so happy
to see on Sunday is continuing and advancing. I am better ;
not quite the thing, but quite ready to begin a good fight
over the water. My love to Fanny and fondest affection to
little Jurat Jum and to my own dearest Pet.
Ever your own
E. C.
ST. STEPHEN'S CLUB,
January ^oth, 1880.
DEAREST,
Just a line the fight has come and I am up to my
eyes in work. But I shall run down to-morrow afternoon
by the usual train to have a few hours of love and quiet
with you. I hope you are better again ; keep your spirits
up and let us look forward to a holiday together at Easter.
By that time I may be M.P. ; if not, I shall have fought a
contest that will not be forgotten. I am well, but for a
cold caught on Monday when a window was opened over
my head while I was speaking. However, I will take all
care of myself. My address will not be published or any
meeting held until after the funeral, probably Tuesday,
and the election itself will very likely take place on Thurs-
day week. I have the best agent in England, I. N. Edwards,
Smith's agent at Westminster. He will meet me here at
7 this evening, and afterwards I speak at a meeting at
Lambeth. I enclose letter from Shirley House, and shall
hope to see the boy to-morrow and bring you news of him.
Ever your own
EPWARD,
MRS. EDWARD CLARKE,
54, Eversfield Place,
St. Leonards.
156 SOUTHWARK [CHAP, xv
I was justified in saying that the contest would not
soon be forgotten. It was being fought at a time and
place which gave it great importance. Southwark was a
constituency of 250,000 inhabitants and 22,000 voters.
The vacancy was caused by the death of a Liberal member,
representing what wa taken to be a Liberal constituency.
One seat indeed had been filled by Colonel Beresford, a
local wharfinger, and a sound Tory, but on both occasions
of his election he had polled less than half of the votes
recorded, and had owed his success to the divisions on the
Liberal side. Now the new machinery of the Birmingham
Caucus was put in force. The Liberal Two Hundred selected
Mr. Andrew Dunn, an iron-merchant and prominent Non-
conformist, who had long been active in Radical political
work in the borough, and had been a defeated candidate
at the previous election.
Mr. George Shipton, a Radical Labour candidate, insisted
on standing, but it was known that he had very slight
chance of success. The question seemed to be whether
he would take away enough votes from the Liberal candi-
date to let me in.
It was fortunate for me that before Mr. Locke's death a
meeting had been arranged for the evening of January 26th,
and although, as the funeral had not taken place, no refer-
ence was made to the election, I had the opportunity of
making a speech on important public topics, and through
The Southwark Mercury and in a reprint in pamphlet form
it was circulated all over the constituency.
The three great questions before the electors were Foreign
Policy, Home Rule, and Local Option, and on all three I
spoke very distinctly.
My address was issued on February 4th. It was a long
document; not, I fear, very useful for election purposes,
and, as I soon found, very expensive to print, but it was
my first formal declaration of political principles, and I
wanted it to be full and emphatic. Its length has made me
somewhat reluctant to reproduce it here, but it is the only
full statement of opinion and policy which I ever had
1877-80] AN ELECTION ADDRESS 157
occasion to publish, and I hope that all who take an
interest in the story of my political life will read this address
as a preface.
One topic which was not specially dealt with in the'
address soon came to the front. That was the question of
Tariff Reform. At a large meeting at Bermondsey I de-
clared myself strongly opposed to any taxes on food or
raw material, but in favour of taxes on imported manu-
factured goods where foreign nations had placed import
duties upon ours.
ADDRESS TO THE ELECTORS OF THE BOROUGH OF SOUTH-
WARK, FEBRUARY 4TH, 1880
GENTLEMEN,
The death of the senior member for your Borough,
my old friend Mr. John Locke, who had for many years
been held in deserved esteem by all classes among his con-
stituents, affords you an opportunity of expressing your
opinion upon the conduct of public affairs.
The questions before you for consideration are of national
importance ; and the judgment which shall be expressed
by the great constituency of Southwark will materially
influence the opinion and the action of the country at large.
During the last six years a Conservative Government
has directed the policy, and conducted the administration,
of Great Britain, under the accumulated difficulties of foreign
war, depressed commerce, failing harvests, and the most
malicious opposition which the history of this country
affords. As a Conservative, I ask you fairly to consider
the title which that Government has established to your
confidence and support.
In Eastern Europe the policy of Her Majesty's Govern-
ment has received the justification of complete success.
The Berlin Treaty has not only for the past eighteen months
secured the peace of Europe, but has dissolved the for-
midable triple alliance, which hindered the progress of
Constitutional freedom and menaced the independence of
the smaller States. At the great council which gathered
at Berlin, the representatives of Great Britain spoke in the
name of a people who were anxious for honourable peace,
but had shown themselves ready to bear the burdens and
158 SOUTHWARK [CHAP, xv
anxieties of war. The firm and resolute will of Lord Beacons-
field was shared and sustained by the great majority of his
countrymen, and the jealousies and ambitions which had
threatened Europe with the horrors of wide-spreading war
disappeared before the peaceful and unselfish but un-
wavering policy of the people of Great Britain.
In Afghanistan the Liberal Government of 1868-74 had
succeeded in disturbing and alienating the Ameer, and in
providing for Russia an opportunity for unofficial war
against this country, of which, in the crisis of the European
difficulties, she gladly availed herself. To have remained
quiescent would have been to expose our Indian Empire to
the danger of an invasion, of whose time and place we should
have had no warning, of whose strength we could make no
estimate, and whose retreat we could not follow. The
emergency was firmly met, the passes of the North- Western
frontier are now in our hands ; and the chief danger which
threatened the safety of our empire in India is finally dis-
pelled.
In South Africa a war, for which the Home Government
was in no way responsible, has ended in the destruction of
a barbaric military organisation which disturbed the peace
and hindered the progress of our colonies.
The Government has been called upon to provide for
large and exceptional expenditure, while the depression of
commerce and the failure of recent harvests have checked,
for a time, the natural tendency of the revenue to increase.
Yet they have neither imposed heavier burdens on the
people, nor increased the national debt. The Liberal
Government of 1868-74 had five complete years of office ;
of the Conservative administration only five years have
yet been completed. It is fair to compare these terms.
In the five years of Conservative rule the amount paid in
taxation was less per head than it was in the five years of
Mr. Gladstone ; the Income Tax, which in the same period
amounted under Mr. Gladstone to is. lod. in the , in the
five years of the Conservatives was only is. 3^. ; and, at
the end of the five years, the Conservative Government had
effected a real reduction in the debt of the country of no
less than seventeen millions and a half.
It has been the fashion of late for Radical speakers to
declare that domestic legislation has been neglected. The
accusation comes from those who, by abetting a system
1877-80] THE TORY RECORD 159
of mere obstruction, have done their best to bring Parlia-
mentary Government to inefficiency and disrepute. And the
accusation is not true. During the last six sessions between
twenty and thirty Acts have been passed into law by the
exertions of the Ministry, which have directly and sub-
stantially contributed to the health, education, and social
welfare of the people.
The administration of the law has been rendered more
simple and more speedy ; the prosecution of criminals has
been assumed as the duty of the State instead of being left
to the revenge of the victim of the crime ; the right to a
trial by jury has been widely extended ; the unnecessary
and costly imprisonment for small offences has been greatly
lessened ; the treatment of criminals undergoing imprison-
ment has been rendered uniform.
The laws relating to Public Health have been consolidated
and improved ; municipalities have received powers to
remove unhealthy dwellings. Rivers have been protected
from pollution and Commons from enclosure ; and the
Factories Act of 1874, and the Factories and Workshops
Act of 1878, completed a series of Acts which have given
comfort to the homes of working men and saved their
children from the evils of premature toil.
The relations between employers and employed have
been improved by the Acts of 1875, and the real grievance
which working men suffered under the law of conspiracy, as
then expounded, was removed in that year ; in the same
session the statute was passed under which Friendly Societies
have been enabled to reorganise themselves on a safer
basis than before ; and the Agricultural Holdings Act secured
to every tenant, who had no written contract with his land-
lord, compensation for what he had put upon the farm, and
an ample term of notice before he could be made to quit
possession.
I have not attempted to summarise the whole of the
legislation of these years, but the measures I have named
do, in themselves, constitute a body of social reform of
which the Ministry may be proud.
Of a ministry which has thus worthily upheld the influ-
ence of Great Britain, wisely administered the national
resources, and diligently applied itself to useful legislation,
I avow myself a firm and earnest supporter, and I appeal
to ail among you who value our good name abroad and
160 SOUTHWARK [CHAP, xv
good government at home to give me your votes in this
contest.
The condition of Ireland has again become a question of
serious difficulty. Bad harvests have checked the steady
advance in material prosperity which she has now enjoyed
for many years, and to add to her misfortune an agitation
has been raging among her people which must inevitably
tend to drive away the capital which she so sorely needs.
The first duty of the nation is clear ; to relieve by volun-
tary subscription, or, if needful, by the application of public
funds, the real want which is undoubtedly felt in certain
parts of Ireland. The second duty is equally clear ; to
uphold the authority of the law and to protect with
impartial firmness order, property, and freedom. I hope
that any inequalities before the law which may exist
may speedily be redressed ; that municipal institutions
in Ireland may be extended ; that the measures recently
passed to aid the intermediate and higher education of
Irishmen may receive full development ; and that the
purely administrative business of the country may be
carried out by local inquiries and provisional orders,
instead of the costly and tedious process of Committees
and Bills in the Imperial Parliament. But I distrust
the legislation of panic or of passion, and the states-
manship which allows a political murder or street outrage
to prompt the overthrow of a church and the con-
fiscation of its property ; or which offers to the starving
peasants of Connaught the barren gift of a scheme by which
the Imperial Government may become an improvident
money-lender, to enable thriving tenants to purchase the
fee-simple of the lands they farm. And I would defend the
integrity of the Empire as resolutely against a domestic
faction as against a foreign foe.
In the field of practical legislation there is plenty of work
for Parliament to do. The codification of the Criminal
Law ; the establishment of a reasonable and uniform system
of valuation for rating purposes ; the amendment of the
law of bankruptcy ; the simplification of the title to land ;
the removal of the rule which prevents a person charged
with crime from giving evidence on his own behalf, and will
not permit his wife to be called as a witness ; the abolition
of the rule by which the eldest son in the case of an intestacy
takes the whole of the landed property, these are among
1877-80] THE CHURCH, AND LOCAL OPTION 161
the matters upon which I hope I might usefully assist in
the work of legislation.
I am by education and by conviction a Churchman, and
I believe that the maintenance of the Church of England
and her continued devotion to the work of religious educa
tion are the surest guarantees of the happiness and true
prosperity of the country. The schemes of the Liberation
Society, now for party purposes discreetly suppressed, to be
again brought forward if the confederacy of 1868 is again
found possible, will find in me a resolute opponent.
I have never been able to persuade myself that voluntary
abstinence from any luxury entitles me to prohibit other
people from enjoying it, and I oppose the Permissive Bill
agitation in all its forms.
I have lived many years in the South of London, and am
thoroughly acquainted with the local interests of South-
wark ; and during the last eighteen months I have taken
every opportunity of making myself known among you. In
so large a borough a personal canvass is, of course, impos-
sible, but I ask you to read my speeches, to come, if you
can, to hear me, and then to judge if I am fit to be your
member. I have no ambition which is in conflict with your
interests ; and if you honour me with the proud position of
your representative in Parliament, I will strive with all my
powers to prove myself worthy of your trust.
I am, Gentlemen,
Your most obedient Servant,
EDWARD CLARKE.
HUNTINGDON LODGE, PECKHAM,
February qth, 1880.
I spent a very busy week in speaking and canvassing,
and at its close was able to write confidently of my prospects
of success.
ST. STEPHEN'S CLUB,
February nth, 1880.
DEAREST WIFE,
I was very glad to hear this morning that you are
feeling better, and are able to get out, and hope you will
be looking quite yourself when I come to receive your
congratulations.
For I think I am going to win. There is great enthusiasm
for me all over the borough.
162 SOUTHWARK [CHAP, xv
I spoke at five meetings yesterday, have been to two
to-day, and have three more this evening.
So far my voice holds out very well, but I am glad there
is only one more day's talking.
The votes will not be counted until Saturday, but I hope
that by two o'clock that day you will have a telegram of the
result. I am off now again, so with fondest love, good-bye.
Your own
EDWARD CLARKE.
The day of polling was my day of fortune (February I3th),
and was one of brilliant weather. As the clock struck eight
and the poll opened, my carriage, gay with purple and
orange ribands, and with two of Tilling's oldest servants
on the box, left the door of the Bridge House Hotel, my
central committee-room, and I drove to Rotherhithe, the
most Conservative district of the borough, to meet the men
as they came out from the Docks for breakfast. The next
twelve hours were a tumult of cheers, and handshakings,
and little speeches at street corners, and visits to the
committee-rooms, to each of which I paid three visits in the
day. The streets were gay with flags, and as the day wore
on crowds gathered at every polling-place, and highly
imaginative placards showing Dunn well ahead in the poll
added to the excitement. At eight o'clock the poll closed,
and I drove along the Borough on my way home, standing
in the carriage and waving my hat, to show our friends
that we believed we had won.
HUNTINGDON LODGE, PECKHAM ROAD,
February itfh, 1880.
DEAREST,
The Poll is over, and although we cannot tell for
certain, I think I have won.
You shall have a telegram as soon as possible, and I hope
to be down by the usual (3) train.
I have not much voice left, but otherwise am quite well.
Your own
E. C.
The next morning after eight or nine hours of sound and
untroubled sleep I went down to the Vestry Hall in the
1877-80] A NOTABLE VICTORY 163
Borough Road for the counting of the votes, confident and
cheerful. I found my chairman, Mr. Mark Cattley, haggard
and anxious. He told me he had hardly slept all night.
Presently the ballot boxes were opened, and the papers tied
up in bundles of fifty and handed over as required to the
polling clerks. Each clerk had beside him the representa-
tives of the three candidates, who saw each paper as he
dealt with it, and took care that the vote was entered in
the right column. In a few minutes it was clear that
Ship ton was quite out of the race. There were seldom
more than half a dozen votes for him in one of the packets.
It was some time before I could feel quite sure that I had
beaten Dunn. But, although the packets varied in their
yield, the columns which recorded the votes for me were
filled first upon every sheet, and before the counting was
half completed the question that really interested us all
was whether I had polled more than both the other candi-
dates together. To my great delight this proved to be
the case. About one o'clock the figures were announced ;
Clarke, 7,683, Dunn, 6,830, and Shipton, 799.
It was a notable victory. It was not only the gain of a
seat. For the first time, and indeed for the only time in
its electoral history, the borough of Southwark had returned
a Conservative member by a majority of the votes cast at
the election.
During the morning, although the rain was falling, a great
crowd had been gathering in front of the Vestry Hall, and
when we went to the windows for the public declaration of
the numbers I had a tremendous reception. Of course
there were shouts for a speech, but that was impossible.
I had hardly any voice left, so I could only point to my
throat and express my thanks by gesture. My committee
and I had a very festive lunch at the Bridge House Hotel,
and in the afternoon I went down to Hastings, where my
dear wife had received the first telegram sent off after the
result was known.
It was a triumphant journey. At Tonbridge I had quite
a levee of congratulation ; at Hastings the Conservative.
164 SOUTHWARK [CHAP. XV
Association rooms were befiagged, and at night illuminated
in honour of the victory. The next day, Sunday, was my
thirty-ninth birthday, and I never needed more the day of
rest and worship.
Letters of congratulation poured in upon me ; most
delightful of all the few lines in which my dear father,
within two months of his eightieth birthday, spoke his joy
and pride.
125, SEVEN SISTERS ROAD,
February i^th, 1880.
Is it possible I can address my very dear son Edward as
an M.P. It is so certainly, though I could almost fancy it
a dream.
May God bless, guide, and comfort you in all your doings
is the earnest prayer of your ever affectionate
FATHER
Best love to dear Annie and congratulations.
HOUSE OF COMMONS,
February i6th, 1880.
MY DARLING WIFE,
My first letter from the House must of course come
to your dear self. I have had a great reception here ;
cheering as I came up the floor to take the oath and sign
the Roll of Parliament, and the Ministers present shook
hands with me, Sir Stafford Northcote, the Leader of the
House, being the first to offer his hand. Since then I have
been making the round of the library, dining-rooms, etc., and
being introduced to members I did not know. I am over-
whelmed with congratulations. And best of all I have just
seen Corry, Lord Beaconsfield's private secretary, who tells
me the Chief has been specially pleased with my Southwark
speeches, and particularly with the phrase quoted in to-day's
Times. 1 He wants to make my acquaintance, and wishes me
to go to lunch with him one day this week. Grandpapa,
Edward Pinches, and Percival had seats just above the
clock, where they could see very well.
The boy has gone home, and as no division is expected at
1 " Englishmen are proud of the privileges of freedom and are not
afraid of the responsibilities of Empire."
1877-80] LUNCH WITH THE CHIEF 165
present I am going over to the St. Stephen's to dine with
Grandpapa and E. P.
Good-night, my darling, and God bless you.
Your devoted husband
EDWARD CLARKE
One more letter will complete the story of this contest.
ST. STEPHEN'S CLUB,
February iglh, 1880.
MY DARLING,
I was delighted to get your letter this morning and
to find that you are in somewhat better spirits
For the letter yesterday made me very sad. It is a heavy
drawback to the pleasure of all my great successes that I
cannot have with me, to share the triumph, the dear one
who loved me and believed in me in the day of humble
beginnings.
But do not be too downhearted, dear. The winter is
fast going by, and the milder spring will let you be out
more, and perhaps may bring you back all the health and
strength you had a year and a half ago.
Meanwhile I know you will like to hear of what I do
This afternoon I lunched with " the Chief." His private
secretary, Sir William Dyke, and Whitley, the new member
for Liverpool, were there. Lord B. was most kind. He
said the South wark fight was " a brilliant campaign bril-
liantly fought," and chatted about politics and literature
for an hour and a half. But I cannot tell you more ; I
must dress and be off to dine at the Grocers' Hall, and
expect a late night at the House afterwards. Love to
Fanny. I shall be down on Saturday by the usual train,
and should like dinner at six.
Ever fondly yours,
EDWARD CLARKE.
My voice is coming back slowly.
The question when I should make my first speech was
an important one. Much interest had been taken in my
election, and the newspapers had said much in praise of the
speeches I had made during the contest.
I felt bound to be very careful in choosing the oppor-
tunity of justifying, if I could, this praise, and the anticipa-
12
166 SOUTHWARK [CHAP, xv
tion of my friends. Some wise counsellor, I think Sir
William Hart Dyke, advised me to study the order paper
and see what subjects were fixed for the Tuesday and Friday
evenings, choose one that suited me, and then carefully
prepare my speech. I chose the subject of Local Option,
which was to be discussed on Friday, March 8th, on a reso-
lution to be proposed by Sir Wilfrid Lawson, who had
given up the Local Veto Bill which he had introduced in
several successive years, and now sought to pledge the
House to a general declaration in favour of his scheme. I
carefully prepared a simple debating speech, with no passages
of rhetorical ornament, not even a peroration, and let it
be known that I meant to take part in the debate. Sir
John Hay had acquired a prescriptive right to occupy the
seat next above the gangway in the second row on the
Government side of the House, and he offered it to me for
the evening as the best position from which a private
member could speak. When I was seen in his place at the
opening of the debate, Lord George Hamilton sent me a
note saying he hoped I would not speak until after ten
o'clock, a? the Speaker would call me whenever I rose, and
he and Stanhope wished me to speak when the House
would be full.
So I sat and had the experience which I suppose has been
that of most men to whom success in the House of Commons
has been so important, and who understood how kind and
yet how critical that House is. As the debate went on I
heard other men make points that I had prepared ; my
head began to ache ; I could eat no dinner, but rested
for an hour on a couch in the upper lobby behind the
gallery, and felt more depressed and nervous than I have
ever felt before or since. Lord Barrington at that time
wrote the account of the debates for the Queen. He came
and sat awhile in the seat below me, and I heard him say
to his neighbour, "He is not going to speak ; he has no
notes/' He little knew how thoroughly I had in memory
the notes which, for safety's sake, I carried in my pocket.
The dull hours from eight to ten dragged along and then
1877-80] MY MAIDEN SPEECH 167
John Bright rose. Rowland Winn, the Whip, came to me
doubtingly. " Are you prepared to follow Bright ? " It
was the very chance I wanted ; and while cheers were
following his peroration, which was admirable in expres-
sion, but to my surprise obviously read from his manuscript,
I rose. The House gave me a generous welcome, but my
speech was nearly ruined at its start, for when I asked
the indulgence of the House for my presumption in following
one of the great ornaments of its debates, a dull Tory
sitting next to me, one Denzil Onslow, protested against
the complimentary phrase with a loud " Oh, oh."
For a moment or two I was nearly breaking down, I could
hardly see the House ; my voice sounded strange and
harsh, my lips were dry. But my trouble was noticed ; a
kindly and general cheer set me right, and, when once
myself was forgotten and my theme alone remembered, I
felt no difficulty.
I spoke for about forty minutes, and when I sat down I
knew I had succeeded to the full measure of my hopes.
Lord Hartington followed and closed the debate and spoke
generously of me and of my speech.
Then came the division and the congratulations of the
Lobby, and the thanks of ministers, and pleasantest of all
a letter from the chief of the Reporters' Gallery full of com-
pliment and good wishes from my old friends of the Press,
and I was a proud and happy man. The supreme trial of
my life, its hope and anxiety from boyhood, had come
and passed, and I had succeeded. I drove home and found
that a near relative who had heard my speech from the
Strangers' Gallery had arrived half an hour before with the
news of my triumph.
I found my dear little wife in a passion of tears. The
triumph had indeed come to which we had so long looked
forward, but it was a triumph she could not share.
She knew that she was dying : I knew that it was only
for a few months longer that I could enjoy the sweet and
patient companionship which had blessed and strengthened
me in the years of struggle. It was upon her that the
168 SOUTHWARK [CHAP, xv
heaviest burden of that struggle had fallen, for she had
known the hard economies of narrow means, and, when they
had passed, the pains and sorrows of illness, and I do not
doubt that in my absorption in work and in ambition I had
often been negligent and unsympathetic. Now Fame and
Fortune were at the door, and she could not stay to receive
them. I knelt beside her bed and we cried together.
It soon appeared as if my triumph would be very short-
lived. On the Saturday the newspapers were full of praise.
The Times spoke of " the effective part which Mr. Clarke
took in the debate in his vigorous maiden speech." It was
with a new pride that I went down to the House on Monday
to taste again the pleasures of success. But as soon as
questions were over, Sir Stafford Northcote rose to make
a statement as to the course of business, and quietly an-
nounced that as soon as indispensable matters could be
disposed of Parliament would be dissolved.
Again my wonderful good fortune had shown it sell.
For the House to have risen without my having spoken
would have been a real disaster to me. And, knowing
nothing of what was to happen, for the dissolution was only
resolved upon at a Cabinet meeting on the Sunday, at
which I believe Lord Beaconsfield was overborne by his
colleagues, I had made my maiden speech at the last hour
of the last day on which the House would listen to speeches
at all. There was a rush from London and every one was
preparing for the new elections.
It was a heavy blow to me. The labour and excitement
of such a contest as I had just gone through, and the
anxiety of having to repeat the struggle, coupled with my
home sorrows, were too much for me. In the afternoon
my friend Edward Pinches went with me to the office of
The Kentish Mercury at Deptford to arrange for the printing
of my address and the publication of The Southwark Mercury
during the election. As we walked along the Old Kent
Road on our way back to Huntingdon Lodge, I suddenly
felt strangely ill.
My eyes were dim, my feet were heavy. Presently I
1877-80] A BREAK-DOWN 169
said, " Teddy, there is something very wrong with me, I
cannot walk straight." He took me into a shop, and
I waited while a cab was found to take me home. There
I lay on a couch and managed to dictate my address. The
next morning I went to my old friend Sir William Jenner.
He said, " Drive home at once, take the earliest train you
can to Brighton, take a quiet lodging, on no account look
at a book or a newspaper, walk about on the sea-front till
you are tired out, and then go in and sleep, and drink every
day two glasses of the best champagne you can get " (I
had been for four years a strict teetotaller). My wife could
not go with me, so my sister Fanny did. I followed the rules
given, and at the end of a fortnight I was able to go with
Edward Pinches to stay in the Isle of Wight.
Meanwhile, on March 24th, Parliament had been dis-
solved and the elections were going on, but I knew nothing
about them except that my committee, who had definitely
agreed with me directly the approach of the dissolution
was announced that I should be the only Conservative can-
didate, changed their minds, perhaps in view of my illness,
and brought out Mr. Mark Cattley as my colleague. He
was a jovial, good-tempered man, but knew nothing of
politics and was a wretchedly poor speaker. His single joke,
and he was quite fond of it, was, " My friends, you know
I am a man of mark." When four days before the polling
I came back and reported myself to Sir William Jenner
and got permission to appear on the platform, I found that
all was lost. An unscrupulous Irishman had been down
making lying speeches about me. Although I had never
been in the House when the question of flogging in the army
was discussed, coloured placards were posted about the
borough, showing a soldier being flogged and the blood
running down his back, while I looked on approvingly.
The result was determined by the Irish Roman Catholic
vote. The priests were strongly with me on the question
of religious education, but as one of them told me they
feared to lose their hold on the people altogether if they
attempted to control them, and four or five hundred Irish-
i;o SOUTHWARK [CHAP, xv
men who voted for me in February, in April marched to
the poll four abreast with green ribands in their coats to
vote against me. The figures at the poll were : Cohen,
9,693 ; Thorold Rogers, 9,521 ; Clarke, 8,163 ; and Cattley,
7> 6 74-
So for a time my political career appeared to close.
CHAPTER XVI
ELECTION PETITIONS : l88o
THE Southwark elections had been very expensive; the adver-
tised election expenses of both sides in the two contests which
had occurred within six weeks were over 22,000. There
had been generous subscriptions, and the party fund helped
largely, so I had personally contributed only 1,500, but
this was not an insignificant sum. My health, too, had been
badly shaken. Still, I had made my way into the House
of Commons, and had there made one successful speech.
And while the March election was going on Lord Cairns had
given me the silk gown for which I had asked immediately
after my election in February.
Usually a new Q.C. finds his income is for a time dimin-
ished. This was not the case with me, for while in 1879
I had earned 5,300, in 1880 my fee-book showed a total
of 6,000. My expenditure on the elections was soon made
up. There was a large crop of election petitions, and I was
retained in twelve.
To be so soon deprived of the seat which I had worked so
hard to get was, of course, a great disappointment, but the
consolation I had given to Hardinge Giffard in 1874 now
became applicable to myself.
Southwark would have been a difficult and uncertain and
very expensive constituency.
There are always vacancies occurring in a new House of
Commons during its first few months, especially when a new
Ministry has to be formed, and still more when the election
has been as corrupt as that of 1880. There were sure to be
petitions in which I might earn large fees, and it was not
171
172 ELECTION PETITIONS [CHAP, xvi
unlikely that one of these might open to me a way of return
to the House. And if I could get back I should find myself
in the best possible position for making my way into the
front fighting rank.
The young man who gets into the House of Commons
when his side is in office with a good majority has a very
poor chance of distinguishing himself. In important de-
bates the best times in the sitting are given to the men
on the front benches, and although, as in my case, a new
member is allowed precedence when he rises to make his
maiden speech, the privilege is not of much use to him when
there are a hundred other new members with the same
claim to preference and all seeking an early opportunity
of gratifying their wives and their constituents. And on
ordinary nights there are few listeners, and the Government
Whips are anxious to get business done, and are by no
means encouraging to young speakers.
The fortunate man is he who finds himself in the House
of Commons when his party has just been defeated and
turned out of oifice. Then is the golden opportunity which
he too often allows to let slip. His Whips appreciate
eloquence in a way which was quite impossible to them
when in office. The effective speech which stimulates debate
and incidentally prevents the progress of Government
business is a sure passport to their favour, and it is in these
early days of a new Parliament that future under- secretary-
ships are won. I knew that if I came back to the House
my party would welcome me, so I turned away quite con-
tentedly to my legal work.
Before the end of the month I had taken part in a case
which was remarkable for the number of leading counsel
who appeared in it. It was the prosecution of the directors
of the West of England Bank for conspiring to publish false
balance sheets.
Eighteen counsel, of whom eleven were Queen's Counsel,
were briefed in the case, and eleven of them afterwards
obtained judicial office.
The case came on for trial at the Old Bailey on April 27th,
1880] LEADERS OF THE BAR 173
but there was so much difficulty in finding room for the
Counsel that it was transferred the next day to the Court
of Queen's Bench at Guildhall, and there Lord Chief Justice
Cockburn presided over a trial which lasted for eight days.
On the second day he asked the defendants if they would
give their word of honour that they would attend the trial
from day to day, and accepted their promise instead of
requiring any recognisances.
The names of the Counsel are worth recording :
For the Prosecution :
Sir John Holker, Attorney-General (afterwards Lord
Justice) ; Sir Hardinge Giffard, Solicitor-General
(afterwards Lord Chancellor) ; Arthur Collins, Q.C.
(afterwards Chief Justice of Bengal) ; A. L. Smith
(afterwards Master of the Rolls) ; and McKellar.
For the Defence (all the defendants but two were
separately represented) :
Sir Henry James, Q.C. (afterwards refused the Lord
Chancellorship) ; Herschell, Q.C. (afterwards Lord
Chancellor) ; Charles Russell, Q.C. (afterwards Lord
Chief Justice) ; Arthur Charles, Q.C. ; John Day, Q.C. ;
and Thomas Bucknill, Q.C. (afterwards Judges of the
High Court) ; Petheram (afterwards Chief Justice of
Bombay) ; Norris (afterwards Judge in India) ; Edward
Clarke, Q.C. ; Ralph Littler, Q.C. ; S. H. Day (after-
wards Master of the High Court) ; and Arthur Poole
(afterwards Recorder of Bristol).
On the fourth day of the trial the new Ministry took office,
and Sir Alexander Cockburn addressed Sir Henry James
and Mr. Herschell as " Mr. Attorney' 1 and " Mr. Solicitor."
There was some friction between Sir John Holker and the
Lord Chief Justice, who was not satisfied with the conduct
of the prosecution, and appeared very soon to form an
opinion in favour of the defendants, and the trial concluded
on the eighth day with an unhesitating verdict of acquittal.
I 7 4 ELECTION PETITIONS [CHAP, xvi
While it was going on the retainers in the election petitions
came pouring in.
Stockport, Gravesend, Cheltenham, Wallingford, Maccles-
field, Salisbury, Hereford, Plymouth, Colchester, Evesham,
Canterbury, and Sandwich fell to my share. The Colchester
case was a very curious one. It was a two-member con-
stituency, and Mr. Causton (afterwards Lord Southwark)
and Mr. William Willis, Q.C., were the Liberal candidates,
and Sir Francis Jeune (afterwards Lord St. Helier and
President of the Probate and Divorce Division) and Colonel
Learmonth the Conservatives. The Liberals were declared
elected, the numbers being, Causton, 1,738; Willis, 1,650;
Learmonth, 1,649; an ^ Jeune, 1,528.
But there had been several ballot papers upon the validity
of which the Mayor as returning officer had to decide.
These were afterwards inspected and photographed, and
it was quite clear when they were examined that three or
four votes had been improperly admitted or rejected, and
that on the votes being properly counted Mr. Willis was one
or two below Colonel Learmouth. So a petition was lodged,
claiming the seat for Learmouth, and an application was
made to the Court of Common Pleas to order a special case
to be stated with the disputed ballot papers attached as
exhibits, and upon that special case to determine which
candidate had in fact the majority of votes.
Thereupon the Liberals filed an answer to the petition
alleging various corrupt practices on the Conservative side,
and the Court decided that it could not deal with the
question of the validity of the disputed votes without
admitting those charges to be tried in the usual fashion.
There had been a good deal of bribery at the election, and
the petition was withdrawn ; and Mr. Willis sat for five
years as member for Colchester without having really been
elected by a majority of votes.
At the end of April the trials of the election petitions
began, and for the first time each was heard by two judges,
a change which had been chiefly brought about by the
extraordinary decisions of Baron Martin in 1874 in the
i88o] GRAVESEND 175
cases of Westminster (where Mr. W. H. Smith was allowed
to enter Parliament after an election which had been won
by wholesale bribery) and Cheltenham and Windsor.
The first petition tried, and the longest and most costly of
all, was that of Gravesend, where two judges, Denman and
Lopes, arrived on April 30 th, and were received with the
same state as Judges of Assize and housed for a fortnight
in the house of the Town Clerk. The petitioner was Sir
Francis Truscott, then Lord Mayor of London, who had
been defeated by Mr. Bevan, a large employer of labour at
the cement works on the riverside. Charges of personal
bribery were made against Mr. Bevan, and the seat was
claimed for Sir Francis. I was briefed for the petitioner,
with Mr. Day to lead me and Robert Biron and Lewis Coward
as my juniors. On the other side were Mr. Lewis Cave, Q.C.
(afterwards a judge), Chandos Leigh (afterwards Counsel
to the Speaker), and Frank Lockwood. We (the Counsel)
had a very cheerful time, for Day and Biron and Lockwood
and Lewis Coward were the merriest four that could have
been found in the Temple. There was one night when we
all dined together at the hotel where the petitioner's counsel
were lodged, and I remember how, very late in the evening,
Cave, who was the most solemn of elderly lawyers, and all
the rest of us except Chandos Leigh, who I think had gone
to town, danced a break-down round the dinner table, while
Coward played and sang nigger melodies at the piano.
Lockwood had not much to do in the case, and he produced
quite a sheaf of drawings, chiefly of his serious leader dancing
on the crystal platform at Rosherville Gardens.
On the Monday the petitioner's case was opened and
some evidence given, and on Tuesday I was there doing my
share of examining our witnesses. But I had to come up
to town that night, for the hearing of the Cheltenham
petition was fixed for the next day, and in that case I was
leading for my old friend Mr. (now Sir James) Agg Gardner.
He was not the petitioner, for the election had not been
quite so pure on the Conservative side as to make it safe to
claim the seat, but in addition to the charges against Baron
I7 6 ELECTION PETITIONS [CHAP, xvi
de Ferrieres of bribery by his agents, a question of law was
raised whether a special Act of Parliament by which he had
been naturalised some years before had the effect of enabling
him to sit in Parliament. I went to Cheltenham having
Godson and young Amphlett as my juniors, and Waddy,
Q.C., Anstie and Willis Bund against me. On the Wednes-
day I opened the case and called some witnesses, and on
the Thursday our evidence was continued.
But our witnesses broke down in the way which is quite
usual in election petitions, and it was clear that our bribery
case would fail. So on Friday I interposed the argument
on the point of law, and that being quite rightly decided
against me I withdrew the petition.
The next day, Saturday, I was back at Gravesend, where
we closed our evidence and Cave began his speech. But I
was wanted elsewhere, and so long as Day was able to be
at Gravesend I was of no great use there, so on Monday,
June yth, I went down to Evesham, where Baron Pollock
and Sir Henry Hawkins came to try the petition against Mr.
Ratcliff, a Liverpool merchant who had been returned for
that tiny constituency by 382 votes against Sir Algernon
Bofthwick (afterwards Lord Glenesk), who had polled 373.
The bribery here had really been of the simplest possible
kind.
A man named Ballinger, who was a shoemaker in the little
town, was employed by Mr. Ratcliff to distribute moneys.
He was kept supplied with funds, and had a book in which
he entered the names of the persons to whom from time to
time he gave small sums. It was suggested that this was
only Mr. Ratcliff *s way of relieving poverty which he could
not himself investigate, but the political motive of the gifts
was at least as evident as the charity, and before we had
gone on very long on Tuesday morning it was admitted that
Ballinger was Mr. Ratcliff 's agent, and that the seat could
not be defended. So he was unseated and ordered to pay
the costs. In this case, again, it had not been thought
prudent to claim the seat for Sir Algernon Borthwick.
On the Wednesday morning, I was back at Gravesend,
i88o] CANTERBURY 177
and the evidence for the respondent was closed, and after a
speech from Cave the recriminatory evidence against Sir
Francis Truscott was commenced.
On the Thursday this evidence was being continued when
the judges interposed, and said they had made up their
minds that Mr. Bevan must be unseated in consequence of
the general bribery which they were satisfied had been
committed. Thereupon Day abandoned the claim to the
seat, but notwithstanding this the recriminatory case was
proceeded with then and on the following day. On the
Saturday morning Mr. Justice Lopes raised the point that
as the seat must be declared vacant there was no use in
going on with this recrimination, and after short argument
this view was agreed to, and the inquiry closed after a trial
which had lasted twelve days, and cannot have cost less
than 20,000. Mr. Bevan was unseated, and was ordered
to pay the larger part of the costs.
One evening during that trial I was in Rosherville Gardens
with Mr. Homewood Crawford, the son-in-law of Sir Francis
Truscott, who was then a private solicitor, but afterwards
became solicitor to the Corporation of the City of London,
and I told him how it had been my ambition from
boyhood to be member for the City. He told me that if
ever the opportunity came he would give me his best
help, and twenty-six years later he thoroughly fulfilled his
promise.
The next Monday, June I4th, I went to Canterbury, where
Mr. Butler Johnstone, who had been one of the Liberal candi-
dates at the election, petitioned against the return of the
Hon. A. E. Gathorne Hardy and Colonel Lawrie. Denman
and Lopes were the judges here, and Murphy, Q.C., Biron,
and Moulton (afterwards Lord Moulton) were for the
petitioner, while I appeared for Hardy and Laurie, with
Finlay (now Lord Chancellor) for my junior. This was a
very serious case. The seat was not claimed, for there
had been gross corruption on both sides. The principal
person concerned on the Conservative side had disappeared,
and the party managers were very anxious as to what might
178 ELECTION PETITIONS [CHAP, xvi
come out. Mr. Gorst, who was then the chief Conservative
agent, sent me his private cypher so that I could consult
him freely, and on the Monday night I made a hurried visit
to London to discuss the situation with him. The evidence
was continued on Tuesday, but on Wednesday the personal
charges against Hardy and Lawrie were withdrawn, and I
thereupon admitted that the election could not stand.
The respondents were allowed to make statements denying
the personal charges ; the election was declared void on the
ground that bribery had extensively prevailed ; and the
judges made a report to the House which prevented Canter-
bury from having any members in that Parliament.
I had now one day's interval, and on Friday the i8th I
went down to Wallingford with Pollard and Nash as my
juniors to support the petition against Mr. Walter Wren, who
had won the seat for the Liberals. Here again the seat was
not claimed. This was a very curious case. It was known
that there had been bribery on both sides, but the actual
evidence which had been obtained when the petition was
lodged was very scanty. Indeed A. L. Smith, who was at
our first consultation, advised that it should be abandoned.
I said that I was sure the judges would help us to find out
the truth, and that I meant to go to Wallingford and stay
there until Wren was unseated. Mr. Walter Wren was a
man of great ability, who was the most successful " coach "
of his time for young men going up for examinations,
especially those for the army.
He went down to Wallingford and announced that he
would not have any committee. He took a house in the
place and had its front painted red. Then he hired a
wagonette and a boy who could blow a horn, and every
morning drove out from the little town into the agricultural
districts from which the larger number of the small con-
stituency came. At the cross-roads he had the horn blown
until some of the labourers gathered round him, and then
he made them a speech. As far as our information went,
although of course no trustworthy reports could be obtained,
these speeches had very little to do with politics, and con-
i88o] WALLINGFORD 179
sisted chiefly of the most lavish promises as to work and
wages. I think the judges (Denman and Lopes) were rather
puzzled at the airy indefiniteness of my opening, which was
all we had time for on the Friday afternoon.
The next morning while I was at breakfast Murphy (who
appeared for Wren with Kemp and Torr) came to see me.
He asked if I thought I could fill up the morning with wit-
nesses who did not speak to personal bribery by Mr. Wren.
I said, " Does that mean you are going to surrender ? "
" Well/' said he, " it is possible that I shall not deny
agency/'
I told him I understood, and would do what I could to
meet him, so I went on calling witnesses who had received
half-crowns from a travelling tinker who was in the habit
of going round the neighbourhood mending pots and pans
and buying rabbit skins. He would urge the man to vote
for Wren, and if he got a promise a half-crown would be
found under the mat or on a sideboard after he went away.
The weakness of this part of the case was that we could not
show any connection between this man and Mr. Wren.
I went on calling witnesses who had found these half-crowns
and had generally told others of their good fortune, and
presently Denman said, " I notice, Mr. Murphy, you do not
cross-examine these witnesses. I suppose the only question
will be one of agency."
" Oh, my lord/' said Murphy, " I shall have to admit the
agency."
The case was over ; Mr. Wren was unseated and ordered to
pay the costs, and it was explained that he was anxious to
deny the personal charges, but was not well enough to come
into court.
So my third victim was ousted from his seat. I had yet
two heavy cases to deal with, those of Macclesfield and
Plymouth, and unfortunately they were both fixed for trial
for the same -day, the following Monday, June 2ist. I had
no special interest in either, but at Macclesfield two Liberal
seats were being attacked, while at Plymouth only one Con-
servative had succeeded, and was being petitioned against
i8o ELECTION PETITIONS [CHAP, xvi
At Macclesfield I was leading for the petition, and it
might have been difficult to replace me at a day's notice,
while at Plymouth I was only second counsel for the respon-
dent, and my absence on the Monday could not, I thought,
be of great importance. So I wrote to my Plymouth
clients putting my brief at their disposal, and spent the
Saturday (I have never, except on rare and special emer-
gencies, done any legal work on the Sunday) in mastering
the voluminous Macclesfield brief.
I finished this task as I travelled down to Macclesfield
on the Monday morning, and when it was finished I was
very dissatisfied with the material supplied me.
There was plenty of evidence of bribery and treating, and
I had no difficulty in opening a strong case, but when we
had a consultation in the evening I pointed out to my
solicitor client that almost all our witnesses described them-
selves as ward messengers or bill posters or watchers, and
in these capacities had been paid ; that they would of course
be asked the question, and that by the time we had called
a dozen of them the judges would see that the bribery was
not only on one side. I asked him to go through the list
and give me the names of those who had not been paid.
He came to me in the morning, and out of 103 witnesses
whose evidence was set out in the brief he gave me a list
of seven. This was unsatisfactory, so I cast about for a
means of escape from the necessity of calling any witnesses
at all from our own side.
We had one little bit of documentary evidence in the
shape of a small card bearing the name of one of the wards
of the town and the figure 3, and in the corner the initials
J. F. T. It was one of a large number of cards which had
been distributed by the Liberals, uid had been accepted at
the public-houses and shops in payment for drinks and
groceries. It bore no printer's name, but I was told that it
was no doubt printed by the publisher of the Liberal paper,
who did practically all the election printing on that side.
I asked if he was likely to be in court that morning, and
was told that he certainly would. He was the chief
I88o] MACCLESFlELfi 181
reporter on his own paper, his name had not been mentioned
in connection with the petition, and he would be sure to come
to do his ordinary work. I called two short witnesses who
were of no importance, and then I called George Brown.
Mr. Brown had just settled himself down at the re-
porters' table, and could hardly believe his ears when he
was invited to the witness box. But there was no escape
for him, and he was duly sworn.
I carefully hid the card under my papers, and began to
ask him about his newspaper, whether it was not an old-
established and high-class journal and so on. He got quite
comfortable, and when I held up a collection of ordinary
election posters and went through them, asking as to each
whether he was the printer, he was obviously proud of his
machining. Then I took out the little card and asked if
he printed that. He hesitated, and became suddenly very
ignorant of the conduct of his printing business. But I
told him I was sure the judges would take care that before
he was allowed to leave the witness box my questions should
be answered, and so gradually the whole story came out.
The questions were very simple. " How many of those
cards did you print ? " " Who ordered them ? " " Where
were they delivered ? " " Who paid for them ? " " Whose
initials were those in the corner ? " " Who was the Liberal
Chairman in that ward ? " " Was this the only ward for
which cards were printed ? " " Were they in different
colours for the different wards ? " As to each ward the
same questions as to orders and payments and the names
of secretaries and chairman. There was no help for him.
I got a pretty complete account of the way in which thou-
sands of these cards had been distributed. There was no
need to go further. When, with the perspiration dropping
from his face, he left the witness box, Mr. Waddy rose and
said that it would not be necessary to continue the investi-
gation, as he could not defend the seat. So two more
Liberal members were unseated, and I took the midday
train back to London.
Of all the cases which came before me at this time I
13
i8 2 ELECTION PETITIONS [CHAP, xvt
think Macclesfield was the worst. I have no doubt that out
of the 5,000 voters at that election 3,500 were in one way
or another bribed. Apart from the wholesale distribution
of these refreshment cards of which I have spoken, there
was a merely colourable employment of hundreds of the
poorer voters. And after the election men not known in
Macclesfield, " men in the moon " as they used to be called,
went to the town and held receptions at certain public-
houses there.
The voters to whom money had been promised, not by
any means all poor men, went there and passed singly
through a room where a man whom they did not know gave
them money. There was a good deal of ill-feeling about
the petition, which was considered locally a shocking breach
of faith. The two local solicitors who acted as party agents
had agreed upon the sum which each of them was to spend
as he liked without fear of attack. The Conservative agent
complained to me that his opponent had broken the agree-
ment and spent more. It was a satisfaction that a com-
mission was appointed, and that as a result of its report
Macclesfield was disfranchised and both the agents were,
sent to prison for six months.
CHAPTER XVII
PLYMOUTH: 1880
LUSH and Manisty were the judges in the Plymouth case,
which had been opened on the Monday afternoon by Arthur
Collins, K.C. (afterwards Chief Justice of Bengal), who had
for his junior R. S. Wright (afterwards a judge) and Latimer.
Here again the seat was not claimed, and the fact that this
was the case in almost every petition was strong evidence
that corrupt practices of one kind and another had been
very common.
The respondent was Sir Edward Bates, a wealthy Liver-
pool shipowner who had sat for Plymouth since 1874, and
the principal charges were of general bribery by the dis-
tribution by him of boots and clothes and blankets, but
there was a special charge of having induced a number
of Plymouth trawlers to come from Penzance to vote by
promising to pay the share of the boat earnings which they
might lose by their absence. The fact was that, it being
then lawful to pay travelling expenses, a certain William
Stibbs, who knew well the Barbican fishermen, was sent to
Penzance with instructions to pay the railway fares but
nothing more, and if anything more were asked he was to
telegraph to the agent at Plymouth. Of course the men
asked for their share of profits, and Stibbs, who was an
ardent Tory himself, used some expressions in reply, more
or less indefinite, which brought them all up to Plymouth
to give their votes. When I found I could not get to
Plymouth until Wednesday, I telegraphed to ask if I should
return my brief, and had a reply begging me to come down
the moment I was free. So on the Wednesday morning
183
184 PLYMOUTH [CHAP, xvn
I travelled down, and on my way read the report of the
first day's evidence and found that my leader had made
a fatal mistake. Two of the trawlers had been called, and
given evidence that Stibbs had said it would be all right,
and so on, and Day, in order to save time, had agreed to
accept their evidence as that of the whole twenty. No
doubt the petitioners had put forward the witnesses they
had reason to think most favourable to them ; if they had
been forced to call the others it was almost certain that
there would have been discrepancies and perhaps contra-
dictions which would have enabled the judges, as it subse-
quently appeared they would gladly have done, to give Sir
Edward Bates the benefit of the doubt in a case where he
had tried to take precautions against a breach of the law.
But upon the evidence so accepted there could be only
one result, and when the judgement came the judges, while
acquitting Sir Edward Bates of any corrupt motive in his
generous gifts, and expressing great regret that they were
obliged to decide against him on this particular part of
the case, declared his election void. The judgement was
given on Friday, June 25th, and I went home the same
night.
Next day a cousin of my wife was married, and after the
wedding I took her sisters to Richmond and afterwards to
the theatre. Reaching home after midnight, I found a
telegram from Plymouth saying that the Executive Com-
mittee of the Conservative Association had resolved to ask
me to be their candidate at the by-election. On Sunday
morning I went to W. H. Smith at Hertford Street, and
asked his advice, telling him that I felt myself to some
extent pledged to Southwark, but that I would do what he
thought best for the party.
He urged me to accept, so I went a telegram to Plymouth,
went down by the morning train on Manday, wrote my
address in the train, was received in Plymouth with bound-
less enthusiasm, and spoke that night to two great meetings.
My opponent was an old friend of mine, a barrister I had
met at the Hardwicke Society, Sir George Young.
1880] AGAIN . A CANDIDATE 185
He had fought Plymouth twice, and at the late election
had been only twenty-five votes below Sir Edward Bates.
But the excitement of the election was too much for him,
and he made some foolish speeches. He called me Sir
Edward Bates' s pocket-piece " of brass with just a taste
of the pewter," and talked about " the two Neddies being
drawn from the station by other Neddies."
A report was spread about, for which he was in no way
responsible, that I was in money difficulties, and had left
Southwark without paying my election expenses. I tried
to trace the rumour to its source, and found it had been set
about by a prominent Liberal tradesman. I went to him
with my solicitor, assured him of its untruth, and demanded
a retractation and apology. He made the apology, and pro-
mised to undo as far as he could the mischief it had caused.
That night I had a great meeting at the Guildhall. I stated
the rumour, and asked all who had heard it to hold up
their hands. Two or three hundred hands went up. Then
I gave it the most absolute contradiction, said that not a
single Southwark debt was outstanding, and that although
I was not a rich man I was bearing the whole cost of this
election myself, and that I could do so half-a-dozen times
over, and yet have something to leave my children. I told
them how I had traced the slander and confronted the man
who had repeated it. They shouted for his name. That I
refused to give. He had, I said, made an apology and
promised to try to make amends, and I would not hold
him up to the anger of his fellow- townsmen. The incident
did me much good, and by the eve of the polling my friends
were confident. There were 5,500 electors, and we had
returns of promises from 2,831 : 1,729 were returned as
against us. Making the full deduction of 15 per cent, from
our promises, and counting against us all those returned
as doubtful, we counted on polling 2,406 and expected
to win.
On the polling day I was, as always, at the central com-
mittee room by eight o'clock, and I spent the whole morning
and the early afternoon in driving round the polling
i86 PLYMOUTH [CHAP, xvn
stations inspecting the returns, and keeping up the enthu-
siasm of my friends.
About 3 o'clock it was clear I could do no more, so I went
into the billiard room of the Globe Hotel, and found a
stranger there who suggested a game. As we played he
said, " I wish I knew who was going to win this election ;
I was offered 3 to i just now against Clarke."
" Oh," said I, " you had better not waste your time
playing billiards ; go and take 3 to i wherever you can get
it."
" What, do you know anything about it ? "
" Not much," said I, " but I am Clarke."
He slipped out of the room. Whether he took any bets
I never knew, but I rather think he believed I was a lunatic
whom the excitement of the election had distraught.
Canon Mansfield, a dear old Roman Catholic priest who
had helped me greatly during the canvass, came to the
Globe to sit with me while the votes were being counted.
Sir Edward Bates was with us. The result was expected
to be known by 6 o'clock, and when that hour passed and
we heard nothing Sir Edward grew very excited. From
the window at which we sat we saw but few people in the
streets, for the crowd had pressed into the Guildhall Square.
Slowly the minutes passed. A quarter past. Half-past.
Suddenly a dull roar of cheering from the Square ; next
moment the crowd bursting into the broad space before us
and rushing towards the hotel. In front came a young
helper of ours, J. P. Rogers, known familiarly as " the fat
boy," wildly waving his arms. In two minutes more the
hotel was filled with a shouting crowd, and in front of us a
surging mass of four or five thousand people filled the place
from wall to wall and shouted for a speech, and it was
long before Sir Edward Bates and I, after coming again
and again to the window, could get away to our room, and
take a little of the rest which both wanted.
The figures of the polling were : Clarke, 2,449 > Young,
2,305.
This was a great triumph for me. Less than five months
i88o] AGAIN A MEMBER 187
had passed since I was elected for Southwark. Since then
I had made my speech in the House, I had become a Queen's
Counsel, I had fought at Southwark again and been beaten ;
in eight election petitions I had earned nearly 3,000, and
had helped to unseat five Liberal members; and the last
petition had opened to me the seat for a place of which I
knew nothing until four days before I became a candidate.
Now by the polling I had become the senior member for a
town as beautiful in its situation, as interesting in its history,
as important in its character, and its direct connection with
the public service, as any city in the land, and although I
did not then know it I was destined to be re-elected five
times and to represent it without a break, and in the
happiest of political relations with my constituents, for a
period of nearly twenty years ; longer than Plymouth had
been represented by any of its members, and longer than any
town connected with dockyard and service interests was ever
represented by the same member.
The time at last came when the voice of Duty, quite
clearly heard, laid commands upon me to take a course
which my constituents so bitterly resented that they expelled
me from their service, and took away from me the position
which was the greatest pleasure and pride of my public
life. I thought I was ungenerously treated ; the blow was
very heavy, and the wound is not yet healed. But it is no
longer painful, and as I write these lines I think only of the
delight of those happy years, when I served a constituency
which gave me every token of confidence and regard ;
where every year in their noble Guildhall I spoke, always
to a great audience, on great public questions ; and where
I found friendships which cheered and strengthened me
and which I remember with gratitude and pride to-day.
CHAPTER XVIII
CHIEFLY DOMESTIC : 1880-1894
DURING the latter part of the year 1880 my dear wife's
disease made sad progress. We spent the early autumn at
Worthing with the children, and then I took her for some
weeks to Devonshire. But she had become very thin and
frail, and the dreadful cough gave her little rest by night
or day. When we came back to town the doctors insisted
that I should no longer sleep in her room, and her married
cousin came to be her nurse and to take charge of the house-
hold. But every night when I reached home, however
late it might be, she was always awake, and we spent some
time together.
As I watched her gradual failure I learned to know how
strong our love had been. And I was troubled, I hope
without reason, by the haunting fear which adds a sharp
pang to the sorrowful anxiety of watching a long and hope-
less illness, the fear lest familiarity with the sorrow should
in any degree have lessened the keenness of one's sympathy
with the sufferer or the diligence of one's care.
Soon after Christmas I took her to the south coast for a
week or two ; she could scarcely bear the journey, but had
wished to be alone with me on her last birthday, February
4th. When we came back to London it was evident that
the end was near. But she lived on through February.
On the night of March 2nd I stayed on by her bedside
thinking that the last hour had come, but she said, "Go
to bed, dear, I shall not die to-night, I am not quite ready."
The next night I wanted to stay with her, but she would
|88
i88o-94] A FALLING ASLEEP 189
not let me. " Good-night," she said, " it may be to-night,
for I am quite ready, but cousin Ann will call you."
About three in the morning there was a knock at the
door. I hurried to her room, but was too late.
Almost in sleep, with no word, but only a sigh, she had
passed away.
The year 1881 was marked by two national misfortunes
the full importance of which was not realised until much
later. The first was the death of the great Earl of Beacons-
field, the second the defeat of Majuba Hill. Parliament was
dull ; the chief excitement consisting in the Bradlaugh con-
troversy, which answered the main purpose of its authors
by seriously embarrassing Mr. Gladstone, whose majority in
the House of Commons was already rapidly diminishing.
I took little part in debate, but towards the end of the
session I put down on the notice paper a motion that the
discussion of Bills which had passed their second reading
in one session, but had not become law, should be resumed
in the following session at the stage of Committee. Of the
fortunes, or rather the misfortunes of this proposal, the
only method by which the House of Commons will ever
recover its capacity of public service, I shall speak in a later
chapter.
My home affairs had, of course, to be ordered afresh.
Huntingdon Lodge was particularly inconvenient for
Parliamentary work, so I took and furnished a pleasant
little set of rooms at Belgrave Mansions just by Victoria
Station, and only spent the week-ends at my Peckham
home. There my eldest sister, who had long experience as
a governess, took charge of the house and of my two young
children. My father had given up his business some years
before, and now he and my mother, whose health was
rapidly failing, left their house at Holloway, and came to
live in mine. The summer was uneventful, and as soon
as I could get away I went off to Switzerland, and spent a
few weeks with my friend Edward Pinches and his wife
CHIEFLY DOMESTIC [CHAP, xvm
at a modest boarding-house called the Pension Suter,
delightfully situated on the hill behind Lucerne.
That holiday over I came back resolved to take up
political work more vigorously than ever, and I soon had
the opportunity of speaking upon the same platform as the
two leaders of the Conservative party. The death of Lord
Beaconsfield found Lord Salisbury well established in the
leadership of the House of Lords, while Sir Stafford North-
cote, if he could hardly be said to lead the Conservatives in
the House of Commons, at all events strolled in front of them
and was recognised as their nominal chief, and this dual
headship lasted until upon Mr. Gladstone's defeat four years
later the Queen quite rightly sent for the stronger of the
two statesmen, who thus became the leader of the whole
party.
It was arranged that a great meeting should be held at
Newcastle in October at which the two chiefs would appear
together, and I felt myself highly honoured in being asked
to join the party and propose the resolution of confidence in
our leaders. Everything possible was done to give import-
ance to the demonstration. Lord Salisbury and Sir Stafford
Northcote stayed with the Duke of Northumberland at
Alnwick Castle. I spent two very pleasant days at Blagdon
as the guest of Sir Matthew Ridley and his beautiful wife.
One day was given to a sort of triumphant procession down
the Tyne. Twelve gaily flagged steamers went slowly down
the river, while bells were rung and banners waved and
sirens shrieked and hooted, and there came from the banks
the shouts of workmen and the clanging tumult which be-
tokened the welcome of the coaly town. The leaders stood
together on the first boat ; on the second I had the un-
looked-for pleasure of being introduced to Mr. Joseph
Cowen, then member for Newcastle, who with other Liberal
leaders joined in the welcome to the two distinguished
visitors to the town.
It was charming to see Lady Ridley lavishing her smiles
and attentions on the rugged republican.
So far as numbers were concerned, the evening meeting
1880-94] A GREAT MEETING 191
was a great success. The Circus was crowded by some five
thousand people, full of expectation and enthusiasm. But
the speaking was somewhat heavy. Lord Salisbury was a
fine speaker. But his carefully prepared and well-balanced
sentences, his deliberate utterance, the even tones of his
sonorous voice, and the quiet dignity of his delivery, were
better suited to a great debate in the House of Lords, or to
a Guildhall banquet, than to the restless excitement of a
public meeting. He made a powerful speech, but it was
dull, and a dull speech to a passionate audience is always
disappointing. Sir Stafford Northcote was unfortunate.
He was obviously nervous, and by some ill chance an empty
chair had been left on the platform just in front of his
seat. He gripped the back of this chair, and tilted it back-
wards and forwards through the whole of his speech until
he made those of us on the platform almost as nervous as
himself. But this state of things gave me a great oppor-
tunity, and to be welcomed as I was upon such an occasion
helped me to succeed, and my speech was, I think, one of
the best I ever made. 1 Lord Salisbury was especially
generous in his congratulations on the following day, and
from^that time to the day of his death he treated me with
a personal kindness and consideration which added greatly
to the pleasure of my political work.
With Sir Stafford Northcote I was already upon the
pleasantest terms of friendship. When I came back to the
House of Commons after my election for Plymouth, I met
Randolph Churchill in the Lobby before I had taken my
seat, and he urged me to come and sit below the gangway
with him and Balfour and Gorst and Wolff. " You had
much better join us," he said. " Sitting up there behind
the Old Goat, you will never have any fun at all." I de-
clined the invitation ; and my usual seat was on the second
bench, where Henry Northcote and I sat together just
behind the leaders.
A few weeks before the Newcastle meeting I had a letter
from Sir Stafford saying that there were two subjects upon
1 See Fraser's Magazine, November 1881.
I 9 2 CHIEFLY DOMESTIC [CHAP, xvm
which he wished to consult me, and that he hoped when we
met at Newcastle we should be able to discuss them. One
was the very large increase which had just taken place
in the number of Parliamentary electors, and the other the
notice of motion which I had given in favour of carrying
on Bills from one session to another. He said he would
rather the notice had not been given, but' as it was a fait
accompli he would like me to consider whether I could not
qualify it in some way. I knew we should have no oppor-
tunity of talking it over at Newcastle, so I sent him a long
letter which he said put my case very well and deserved
careful consideration. I heard no more from Sir Stafford
upon this subject, and the motion came on for debate on
February 2ist, 1882. Unfortunately on that evening we
had one of the Bradlaugh disturbances, which lasted for
an hour and a half and was very violent. When that was
over the House seemed very disinclined to address itself
to a new subject. I spoke in the dinner hour to a small
audience, and the debate which followed was dull and un-
important. The leaders on both sides absented themselves,
while the obstructors on both sides resisted the proposal.
As Lord Salisbury was in favour of it, and had himself in
1869 made a very powerful speech in its support, Sir Stafford
could not well take the other side, and it was quite character-
istic of his methods of leadership that he should himself
leave the House, but make no objection to his son Henry
seconding the motion and telling with me in the division.
We were defeated by 126 to 61 ; and eight years passed
before I had the opportunity of taking any further step
towards this great reform. The next Parliament lasted
only five months, and in that of 1886 I was Solicitor-
General, and was of course debarred from taking any public
initiative in such a matter.
The other subject on which Sir Stafford Northcote desired
to consult me, the great increase in the number of electors,
was connected with a curious bit of Parliamentary history.
In the year 1878 the House of Commons, by passing the
Registration of Voters Bill without full consideration, made,
i88o-94] AN ENLARGED CONSTITUENCY 193
without knowing or intending it, a very large extension of
the Parliamentary franchise. The clause which did this
was scarcely noticed until three years later, when Sir William
Harcourt, then Home Secretary, issued a circular to vestry
clerks and overseers reminding them that every person
inhabiting part of a house was entitled to be put upon the
register. The result at Plymouth was that the constituency
was almost trebled. In 1880 the number of voters was
about 5,500. In the register which came into force in
January 1882 the number was very nearly 14,000. I at
once took steps to get into touch with the new electors. I
felt that it was my first duty, and clearly my interest, to
take an opportunity, if possible, of presenting myself before
them in their different wards, and expounding to them at
some length my opinions upon 'the principal political topics
of the day. So instead of having one large open meeting
at the Guildhall, as after this time was my constant practice,
I held four meetings in different parts of the town, and sent
out tickets of admission to all the electors in the different
wards. In one of these speeches I dealt very fully with
the condition of Ireland ; in another with the question of
Parliamentary Reform ; one was devoted to Foreign Policy,
and in the fourth I dealt very fully with Tariff Reform, which
was then known by the more accurate and more attractive
title of Fair Trade. This latter speech I included in the
volume of Selected Speeches, published in 1908, in order
that it should vindicate my title to be considered one of
the earliest and most consistent of Tariff Reformers.
My work at the Bar was at this time steadily increasing.
I had had the pleasant and very exceptional experience of
finding that my taking silk had not caused even a temporary
reduction of income. It generally does. I have known
cases where incomes of two or three thousand a year fall
to a few hundreds, and I have always advised my friends
never to ask for a silk gown unless they had saved or in-
herited enough to assure them a private income of at least
a thousand a year. The Election Petitions of 1880, of course,
accounted for much of the income of that year ; but the
194 CHIEFLY DOMESTIC [CHAP, xvm
5,969 guineas which my fee-book showed for 1880 was
followed by 6,544 f r 1881, and the average of the three
years 1881-1883 was 7,293.
The spring Assize of this latter year brought me the most
interesting case which had come my way since the great
cases of 1877. A young child disappeared one day from her
home in Pimlico, and a fortnight later her body was found
in the river Medway, at Yalding. A heavy brick had been
placed upon the chest, and fastened with strong wire wound
about the body. A young married woman named Esther
Pay, who had been the mistress of the child's father, himself
a married man, was soon afterwards arrested, charged with
the murder, and committed for trial. She was identified as
the person in whose company the child had last been seen
in London ; she had then for some time been absent from
her home, and had given a false account of her movements ;
and the place where the body was found was near the end
of a pathway which led to the cottage in which her parents
lived. I accepted the brief for the defence, and the trial
took place at Lewes on April 25th, 26th, and 27th before
Baron Pollock.
It was a trial of immense dramatic interest, and resulted
in a verdict of acquittal. I have told the full story else-
where. 1 Unfortunately no full report was taken of my
speech.
The most important incident of my life in 1882 was my
remarriage. I had resolved that when the accustomed year
of mourning was over I would find myself another wife.
For more than fourteen years I had enjoyed the constant
society of a loving woman, and I could not resign myself
to loneliness. And my two children were so young (Ethel
was only five years old when her mother died) that it would
be possible for another woman, especially if she were one
whom they already knew and loved, to knit again the
broken strands of the home life and to give to their child-
hood and youth the comfort of a mother's care. Kathleen
Bryant was their second cousin on their mother's side, and
1 The Cornhill Magazine, January 1916.
i88o-94] I MARRY AGAIN 195
they knew her better and were more attached to her than
to any other relative ; for during their mother's long illness
she had very often been with us, helping to take care of them.
It was not until many years later that I heard that my dear
one not long before her death had expressed the hope that in
seeking a second wife my choice should fall upon her. She
was at this time twenty-four years of age ; the interval
between her age and mine being exactly that which promised
a long- continued happiness in married life. Tall, of perfect
figure, fair complexion, beautiful features, clear blue eyes,
and bright golden hair, she was the prettiest girl I knew.
Gradually the intention to ask her to be my wife formed
itself in my mind, but my time and thought were very full
of law and politics ; she seemed rather to avoid than to
seek my company, and I think the end of the year would
have found me still a widower if it had not been that on
July 3ist she came with me to see Romeo and Juliet at the
Lyceum Theatre. That tender tragedy of Love's fair ban-
quet, spiced with the dust of death, moved us both deeply.
It was not the acting, for Henry Irving and Ellen Terry,
an incomparable Benedick and Beatrice, were ill-fitted to
play the young lovers of Verona. Two years later we saw
on the same stage the ideal Romeo and Juliet in the
youthful manliness of William Terriss and the innocent
beauty of Mary Anderson. But no defect in acting can
calm the passion of the play.
As for me,
" The soul of the rose went into my blood,
As the music clashed in the hall,"
and although I said nothing that night my mind was made
up. The next afternoon I asked Kathleen Bryant to be
content with a short engagement and a very quiet wedding,
and to marry me on August I2th, and go to Switzerland
with me for the first part of my long vacation.
She hesitated, demurred, then accepted, and at the end
of the following week we were married at St. Giles's, Camber-
196 CHIEFLY DOMESTIC [CHAP, xvnt
well, and went to spend a couple of days at the Lord Warden
at Dover on our way to the Continent.
My dear wife proved to be a delightful companion, an
admirable housekeeper, and an incomparable nurse.
There has never been a time during our thirty-five years
of happy married life when I have not been grateful for the
enjoyment of her faithful and loving companionship.
We spent a few happy weeks abroad, and then came
back to prepare for a political trip to the North of England,
which had been arranged in consequence of the great success
of my Newcastle speech.
It was rather a trying experience for a young bride ; for
although we were entertained at pleasant houses, we were
among entire strangers, and much of my time was filled
with political conferences and the preparation of the speeches
which were delivered to large audiences at Durham, Dar-
lington, Sunderland, and Hartlepool. The most interesting
house we stayed at was Halnaby, the residence of Mr.
Wilson Todd, where we slept in the same room and bed
which were occupied by Lord Byron and his wife on their
wedding night, when the unhappy poet awoke and, seeing
the red curtains, fancied himself in hell.
I had a special piece of good fortune in this trip in the
admirable reporting of my speeches by a young reporter
who was sent by The Western Morning News to accompany
my progress from town to town. This man was Henry E.
Duke. We then improved into friendship the acquaintance
which had begun at Plymouth, and it has been my privilege
to be of some use to him in the career which, resembling my
own in its course through the Reporters' Gallery to the
Bar and Parliament, has led him now to the high post of
honour and of danger of the Chief Secretaryship for Ireland.
A sound lawyer, an impressive speaker, calm in judgment,
firm in decision, of untiring industry and of unswerving
rectitude, he is admirably qualified for dealing with the
difficult problems of Irish Government.
When the North Country trip was over we went down
to Plymouth for the annual meeting of the Conservative
i88o-94l WE GO TO RUSSELL SQUARE 197
Association, which was always held about the beginning of
October, and here my young wife was not quite so happy.
The new chairman of the party, Mr. W. H. Hawker, was
not master in his own house, where he was not allowed to
smoke anywhere except in the kitchen, but he avenged
himself by being despotic elsewhere, and he would not hear
of a lady being on the platform at the meeting at the
Assembly Rooms. So my wife had to creep up a narrow
staircase to a gallery from which she could study the back
of my head while I made what she thought was a very long
and a very dull speech. A taste for listening to political
oratory needs to be acquired. In later years she was fond
of hearing me speak, but at this time I think she envied
my chairman his capacity for indulging himself with a little
gentle sleep at the dull passages.
The sitting of the Courts brought us back to London, and
for a time we stayed chiefly at Belgrave Mansions.
Before the end of the year my mother's long illness
ended in her death, and we at once began to consider the
question of taking a more convenient London house. We
discussed Kensington, and the pleasant district north of
Hyde Park, and went to look at houses in Onslow Square
and Elm Park Gardens. But I had set my mind on a
good library, and in the houses we looked at the third
sitting-room was generally small and dark.
One day I said, " I wish we could find a house like one
of those fine ones in Russell Square."
" Why not live in Russell Square ? " said my wife. " I
should not object to it at all."
Much rejoiced I went to Coade, the house agent, and
learned that number 37, at the north-east corner of Montagu
Place, had been put into his hands for private sale. It
was a fine spacious house built in 1801 for Sir James Park
(though never occupied by him). There were six reception-
rooms ; the large drawing-room and the principal bedroom
were each thirty feet long by twenty wide, and there was a
delightful first floor room looking on to Montagu Place, thirty-
one feet by nineteen, which was the ideal library I desired.
14
198 CHIEFLY DOMESTIC [CHAP, xvm
The lease had seventeen years to run, and included a stable
near at hand ; the ground-rent was only 50 a year, which
was the rent at which the stable was underlet.
I bought the residue of the lease for 1,700, and I count
it one of the chief of the many pieces of good fortune that
these pages record that for almost the whole of the busy
period when my working life was spent in the Royal Courts
in Fleet Street and the Houses of Parliament I occupied a
delightful house so convenient for both.
We breakfasted every morning at 9 o'clock, and then,
independent of omnibus or train, I found useful exercise in
the twenty minutes' walk which took me down to the Temple.
When the Courts rose I walked along the Embankment to
the House of Commons, and thence at the cry " Who goes
home ? " I walked up Whitehall, through Trafalgar Square,
and past the Seven Dials, to my home, and so got the four
miles a day of walking exercise which I have found desirable
for health.
That walk home at night was a strange one. When the
House sat late I should see the disappointed dealers in
Goblin Market nodding their good-bye to friendly policemen,
and bargaining with cabmen to drive them home. In
Trafalgar Square when the nights were warm one saw the
homeless outcasts lying out upon the stone. At the Seven
Dials, where the police walked in couples, I used to walk in
the road or at the pavement edge on the alert, and out of
reach of the strange forms that sometimes lurked in door-
ways. I was not troubled by fear, and was never molested ;
but I have seen the men on fixed point duty tighten their
belts and start off at a run at the sound of a woman's
scream ; and one night there were curses and shrieks for
mercy from an upper room, and a woman crying " Murder "
managed to throw the street door-key down to the police,
who rushed in to her help, while the night wanderers crept
and sidled into the street, and I quickened my homeward
steps.
My wife and I made our new home very comfortable.
The library was fitted with low bookshelves on the top of
1880-94] I GIVE UP SMOKING 199
which fine bronzes and choice bits of Martinware soon found
their place. It fortunately happened that a well-known
furniture dealer in Holborn sold off his stock just after we
took possession of our house, and I spent 2,000 at the
sale, on tables, and cabinets, and china. And I began
to buy fine engravings, and the books for which hitherto
I had had no room.
This story of my life would not be complete if I omitted
a fortunate incident which happened about this date, the
suggestion by my friend Sir William Jenner that I should
give up the habit of smoking. I had learned to smoke
when I was thirteen years old at a wretched boarding school
at Calais, from which I was brought back in a very few
weeks to my better surroundings at George Yard. From
the time I was eighteen I was a constant smoker, and when
I came to the hard work of a leader much engaged in Court I
found the evil of the habit. I was indeed quite moderate in
its indulgence. But it is impossible for the habitual smoker
to avoid occasional excess. A long public dinner ; the in-
teresting talk in the smoking-room after a political meeting ;
the evening spent in the smoking-room of the House of Com-
mons to escape the terrors of a Scotch debate, all these
were occasions of excess which sent me into Court the next
morning with less clearness of brain and less steadiness of
nerve than I should have had. But this was not very
frequent, and I think I should have continued the habit
had not Sir William Jenner said to me one day, " You
should not smoke so much."
" Do you mean," said I, " that I ought to give up smoking
altogether ? "
" Well," he said, " if you could give it up it would be a
good thing for you."
I told him that I should be ashamed of myself if I had a
habit I could not give up at five minutes' notice ; and since
that conversation I have never smoked. For a few weeks
I suffered severely, but at the end of a couple of months
the desire had entirely passed away, and I have never felt
the least inclination to resume the habit.
2o6 CHIEFLY DOMESTIC [CHAP, xvm
The gain was great and immediate. I had no more dull
and ineffective mornings. I always had the feeling that
the mental and physical machine was working steadily
and up to its normal power, and the comfort of that feeling
can hardly be overstated. It was a fortunate day for me
when I freed myself from the expensive and mischievous
habit.
I do not propose to attempt any detailed narrative of
my domestic life during the years of my active work in
Parliament. It was a happy life and not very eventful.
A son was born to us in 1883, and a couple of years later
another came, somewhat prematurely, and lived only a few
hours. My boy and girl were both delicate, and our fear
lest they should have inherited their mother's ailment made
us very anxious, but two years at an excellent boarding
school at Hastings did for the boy just what my own stay
at Edmonton had done for me thirty-five years before, and
my daughter gained the same benefit from a longer stay
at a very good school at Folkestone. My income went on
increasing ; we had a delightful house and ample means,
and the only drawback to our happiness was that my dear
wife's health, which had never been very strong, failed
sadly after the birth of our second child, and during ten
years of our stay at Russell Square prevented her full
enjoyment of the society pleasures which at Court and at
the great houses of the West End were now very freely
offered to us.
We were always very fond of boating, and in 1884 I took
a house for some weeks of the autumn on the river bank at
Hampton. The following year we were at Sunbury ; and
in 1886 I rented the Vicarage at Staines. We found the
river there so delightful that for the next three years we
spent some weeks at a house a little below the bridge,
and as wealth increased I began to think of buying a country
house, and was much tempted by a beautifully situated
house at Priest Hill which my old friend Virgo Buckland
had built, but had not lived to occupy. But it was rather
inconvenient for the railway, and again I had a great piece
i88o-94] THORNCOTE 201
of good fortune. While Priest Hill was still under discussion
I saw an advertisement of the sale by auction of Thorncote,
a house which stood in large grounds and could hardly be
seen from the river, but about which I had always had
some curiosity. The auction never took place. My wife
and I went down one Saturday afternoon, and fell in love
with the place, and by the following Wednesday the pur-
chase was completed, and I found myself the possessor of
the most delightful home that could be imagined. About
twenty years earlier a man who expected that at an old
aunt's death he would inherit her large fortune, bought the
land, and spent upon the building of the house more than the
6,500 which I gave for the whole property. The aunt
died and had left her money to somebody else, so he could not
afford to live there, and the place was empty for some years.
Then Dr. Yeo of King's College, London, bought it and
lived there until after his wife's death he sold it to me.
There were eight acres of pleasant grounds, on the
preferable side of the river, the towpath side ; a convenient
and roomy house ; a fine walled garden, tennis and croquet
lawns, good stabling and cowhouses, a private landing-stage,
and a capital boat-house in which the boats were stored
in winter, and which made a very pleasant lounge in the
summer. Soon after I took possession I had the oppor-
tunity of buying a strip of frontage on the opposite bank,
and this completely secured our privacy.
For very nearly twenty years this was our pleasant
country home, and we thoroughly enjoyed it. The children
grew up there. My eldest boy passed from Hastings to
the famous Dr. Tabor's School at Cheam, and then to Eton,
where he was a wet-bob, and one year coxed Macnaghten's
boat on the Fourth of June. Then he went to Trinity
Hall. He revived the Staines Regatta, which had formerly
been a great rowing function, but had been allowed to drop,
and as secretary restored it to great success. For several
years a Trinity Hall crew rowed in the fours and pairs. We
put them up at Thorncote, with Trevor Jones their coach,
and there was high festival in house and gardens when
202 CHIEFLY DOMESTIC [CHAP, xvm
they brought back their prizes, and their days of qualified
abstinence were over. Fernie, Steele, Dixon, Croft, the
Guinesses, Looney Bullard what dear good fellows they
were ! how pleasant it is twenty years later to remember
those happy days !
The boating was very useful to me. Every year my dear
old friend George Ryan, of the London Rowing Club, who
rowed eight years at Henley, one of the finest oars ever seen
there, and one of the kindest, most generous and unselfish
men I ever knew, used to come and spend some weeks
with us. When I could get the whole day we sculled together
down to Sunbury or up to Surley Hall, or if I could not get
down from town until the afternoon we would go to Chertsey
or up as far as the Angler's Rest for a little exercise. And
my son would be there to take the sculls if his father was
tired. Or if I preferred to be lazy my wife and daughter,
who were both expert with the punt pole, would take me on
the river, which for four days in the week was so quiet that
one would hardly think it a public highway.
I am speaking of my pleasures at Staines, so it would be
affectation to omit one of the greatest. That was the build-
ing of St. Peter's Church. When I bought Thorncote, the
only place of Church of England worship within a mile of
the house was a very uncomfortable iron building, too hot
in summer and much too cold in winter, in the Edgell Road.
Some one suggested that a church should be built, and a
subscription list was opened. Two or three sums of 500
each were promised, but after that only small amounts were
talked of, and it was clear there would be much difficulty
in raising the required sum. A little higher up the river
than Thorncote there was a charming site, where a row of
fine elms stood along the river-side of a field which it was
proposed to let in building plots. I was afraid these trees
would be cut down, so I told my neighbours that if they
would buy the site I would build a church upon it. The
site was secured, and I employed Mr. George Fellowes Prynne,
the son of my dear old friend and supporter at Plymouth,
the famous Vicar of St. Peter's there, to design the church
1880-94] ST. PETER'S CHURCH 203
and superintend its construction, Dr. Temple, then Bishop
of London, came down to the laying of the foundation-stone
by my wife on July 22nd, 1893, and the church was conse-
crated a year later. It has been a great happiness to me
and mine.
It is said, I believe truly, to be a beautiful church.
Except for a necessary, but not very rigid, limitation of
cost, the architect had practically a free hand. He was
working under a committee of one, who did not interfere.
I state the cost, because I have seen exaggerated statements
as to this, and I should like to encourage others to give
themselves the same privilege which I have enjoyed.
The structure cost 8,000, of which the foundations in a
gravel soil near the river bank accounted for 1,400 ; the
heating, lighting, and choir furniture and seating and archi-
tect's fees came to 917. The organ built by Hele of Ply-
mouth cost 1,000 ; the peal of eight bells 545 ; and the
stained glass windows, designed by the architect's brother,
Mr. Edward Prynne, which have been added from time to
time, and which are, I think, as beautiful as any modern glass
I have ever seen, represent another 1,850 ; making a total
of less thani2,50o. I have never spent money which brought
back so rich a reward to myself. For twenty-three years
I have worshipped God in this church, which He gave me
the means and the will to erect to His service. For fourteen
years I have been one of the churchwardens and have read
the lessons at the Sunday services. I hope my experience
may lead men whom God has entrusted with wealth to
make a thank-offering in this way. They may not often
have the opportunity which was given to me of building a
church close to my own home and enjoying its services
myself, but wherever they build one they will find great
happiness in thinking of its existence and its usefulness,
CHAPTER XIX
POLITICS IN THE HOUSE OF COMMONS AND ELSEWHERE :
1882-1884
THE motion for carrying on Bills from one session to
another was not my only attempt to be of use in parliamen-
tary work in 1882. In the previous autumn the Associated
Chambers of Commerce had held a very successful meeting
at Plymouth. At that meeting it was decided to introduce
a Bankruptcy Bill, and after carefully going over the draft
Bill with Mr. Barran, the Member for Leeds, I added my
name as one of the proposers. Mine was the only Conserva-
tive name ; the other three were Mr. Norwood of Hull,
Mr. Monk of Gloucester, and Mr. Barran. It was, I believe,
a very good Bill. It represented the considered experience
and opinion of the Associated Chambers of Commerce, and
my three colleagues were all men of large commercial
experience. Its history was a curious one. No member
on either side put down his name to oppose the second
reading, so one night, rather late, the Bill came on. But
Mr. Chamberlain, then President of the Board of Trade,
moved that the debate be adjourned. We divided against
the Government, and although all the Members of the
Government in attendance voted for Mr. Chamberlain's
motion, fourteen Liberals voted against them, and we had
a majority. Upon that Mr. Chamberlain put down a
blocking motion to prevent the Bill going into Committee,
and told Mr. Barran he would only take the block off if he
received a promise that the Bill should not be proceeded
with until the Bankruptcy Bill he himself was going to
introduce should be before the House of Commons. Mr.
Barran gave the promise, and no Government Bill was
204
1882-4] AN OPPORTUNITY MISSED 205
introduced that session. Indeed the year was strangely
unproductive of domestic legislation, considering that it
was the third session of a Parliament with regard to whose
legislative activities great promises had been made. There
was but one measure of considerable importance passed with
reference to the interests of England, and that was a measure
of much usefulness dealing with the difficult subject of
settled lands, and for that the country was indebted not
to the Government but to the ex-Lord Chancellor, Lord
Cairns. I think almost the only measure which the Govern-
ment could claim to have originated and passed was an
Act to allow the Post Office to issue reply-postcards.
That autumn we had a curious instance of our leader's
want of alertness.
On October 24th, 1882, Mr. Gladstone gave notice that
on the following Thursday he would move a vote of thanks
to the commanders, officers, and men of Her Majesty's Forces
in Egypt. When the terms of the motion were published
on the Thursday morning I noticed they contained words
which described the operations which had taken place in
Egypt as " the suppression of the military rebellion against
the authority of His Highness the Khedive."
These were very disputable words, as they carried with
them an indorsement of the policy of the Government which
the Opposition and a great many of the Radicals were not
willing to give. I saw Henry de Worms, and together we
looked at the precedents, and found that in 1840, 1858, 1879,
and in 1881 the neutral expression " military operations "
had been used. I tried to see Sir Stafford Northcote, and,
failing in that, wrote to him suggesting that if an amend-
ment were proposed substituting the accustomed words the
Government must give way, that then there would be an
unanimous vote and at the same time a distinct party
success. He sent back word that he thought the suggestion
a good one ; that he should net move an amendment him-
self, but would be glad if the point were raised. So we went
down to the House looking forward to a useful evening.
Mr. Gladstone made a brilliant speech, and Sir Stafford
206 POLITICS IN THE HOUSE OF COMMONS [CHAP, xix
Northcote sat as usual as if mesmerised. He sat as Cecil
Raikes had described him, " with the hands of perplexity
travelling up and down the sleeves of irresolution."
Then he got up and in his very first sentence expressed
his hope that the graceful act which the House was asked
to perform would not be marred by any want of unanimity.
There were two divisions with seventeen and twenty-five
Irishmen in the " No " Lobby ; and the most fortunate
opportunity was absolutely thrown away.
The following year the labours of the Government were
much more fruitful. With constant assistance from the
Conservative side of the House they passed a good Bank-
ruptcy Bill, a Patents Bill, and a very valuable Corrupt
Practices Bill. The last named of these measures had the
advantage of being in the hands of an Attorney-General who
was deservedly in favour with all political parties. Sir
Henry James was a man of great ability and of high character,
and did honour to himself and his profession when four
years later he refused its greatest prize, the Lord Chancellor-
ship of England, rather than assist in setting up a Home Rule
Government in Ireland. As an advocate he was skilful but
not very courageous, and for fear of losing a case he often
settled it when with a little more energy and persistence he
might have won. But his handsome person, his suave and
dignified eloquence, and his genial manners, made him a
personal favourite in the Courts and in the House of Com-
mons ; and this greatly helped him in the difficult task of
piloting the Corrupt Practices Bill through Committee.
He was assisted by the indignation felt by honest men
of all parties at the flagrant and widespread corruption on
both sides which was known to have influenced the elections
of 1880. Of the extent of this corruption the election
petitions which were tried gave only imperfect evidence. In
some of the worst cases the defeated party did not dare
to petition because of their own misdeeds. In others they
were afraid to do so although their own hands were clean
from bribery at this election ; they knew that any investi-
gation into the electoral history of the borough would result
1882-4] CORRUPT PRACTICES 207
in its disfranchisement because of the corruption which had
taken place in past times. And sometimes when petitions
had been presented there were negotiations between the
Party Whips, and a petition which threatened a Liberal
seat was quietly withdrawn and the attack on a Conserva-
tive seat elsewhere was at the same time abandoned. Again
where a petition actually came on for trial, directly it became
clear the seat could not be defended the attempt was
abandoned, and it became the object of both parties to
conceal from the judges the real extent of the corruption.
At the meeting of my constituents at the Plymouth
Guildhall in January 1883, speaking of Sir Henry James*
Bill which had been introduced in the session of 1882, but
not then proceeded with, and was now about to be reintro-
duced and pressed forward, I said I should propose three
amendments, two of which were intended to meet the evils
I have just stated. I prepared a set of eight clauses which
provided that if after a parliamentary election a certain
number of electors were to present a petition alleging that
there had been corrupt practices, a Commissioner should be
sent down to inquire into the facts with power to summon
witnesses and call for documents. This proposal had in
substance been proposed by Mr. Disraeli many years before.
When the Bill was in Committee my motion to insert these
clauses was seconded by my dear friend Robert Reid (since
then Attorney-General and Lord Chancellor, Earl Lore-
burn), an able lawyer, and a politician of independent thought
and unflinching courage ; one of the most high-minded,
generous, and unselfish of men. It seems strange to me to
call him Robert ; he was affectionately known as " Bob
Reid " by all his brethren of the Bar. The clauses were
not accepted by the Government. They did not, of course,
come up for discussion until the entire Bill as proposed by
the Government had been considered, and it would have
been unreasonable and useless to press them. The pro-
visions of this valuable measure, and the great enlargement
of the constituencies which has since taken place, have done
much to remedy the evils they were intended to meet.
2o8 POLITICS IN THE HOUSE OF COMMONS [CHAP, xix
I was more fortunate in the other two important amend-
ments which I proposed, and which were accepted, one in
full and the other in part, by the Attorney-General. One
was my proposal that from the time the Corrupt Practices
Act became law no investigation on any election petition
should go back to anything before that date. I had
said to my constituents,
We know of boroughs in this country where there are,
on both sides of political parties, earnest and resolute men,
determined, as far as may be, to make elections pure,
but who yet are fettered by the difficulty of the past
history of their borough. Let us draw a line, and let us
start a fresh system, and then I believe we shall find that
this difficulty being got out of the way, some of those
boroughs whose electoral history has not been pure will
be for the future places where parliamentary elections will
be properly and purely conducted.
This was accepted, and my forecast has been fully
justified.
My other proposal was to give the judges an equitable
power of refusing to unseat a member if they found that
the corrupt practice proved was a single act, entirely con-
trary to his instructions and efforts, and that it did not affect
the result of the election. I was thinking of my own
experience at Southwark, where my political career might
have been marred, and the wishes of a great constituency
defeated, because a member of my committee in the excite-
ment of the polling day had given a silk handkerchief and
half a crown to a voter.
Sir Henry James accepted the clause so far as treating
was concerned, but, to my lasting regret, refused to allow
the equitable relief in a case of bribery.
While Sir Henry James gained strength for the Govern-
ment and credit for himself by the passing of this measure,
the fate of Mr. Chamberlain was very different. He did
indeed pass a Bankruptcy Bill which excited little con-
troversy, and was only of political interest in the fact that
when under its provisions many appointments had to be;
1882-4] MERCHANT SHIPPING 209
made to the comfortable and profitable post of Official
Receiver, most of these appointments were bestowed on
solicitors who had been election agents on the Liberal side
or otherwise useful to that party. But another subject
had come to the front with which as President of the Board
of Trade it was his business to deal. People were not greatly
interested in law reform, but the public mind had been
much excited by the frequence of the loss at sea of our
merchant ships. That the laws relating to Merchant Ship-
ping required amendment was quite clear.
In the year 1876 the Conservative Government had
brought forward a Bill for the amendment of the law
relating to Maritime Contracts, which was prevented from
passing in great measure through the success of certain
efforts at obstruction in which Mr. Chamberlain, who had
entered the House of Commons two years before, took an
active part.
But in 1883 Mr. Chamberlain determined to try his hand
at a measure. He began by making a strange but char-
acteristic mistake. In November 1883 he issued a circular
from the Board of Trade which was a wanton and unjust
attack upon the body of shipowners of this country. It
stated that the loss of life had been increasing ; and it said
that this loss of life arose in a great degree from prevent-
able causes with which the Bill to be proposed would have
to deal. It was not a fact that the loss of life had been
increasing. The year 1881-2 was a year during which there
was a terrible loss of life, especially among fishermen. Very
nearly 600 fishermen lost their lives in the gales of 1881,
and that number raised very largely the average of the loss
upon merchant shipping services. Even raised by that
loss of fishing-boats the loss during that year was less than
the average of the years before ; and although this dis-
astrous loss of life in fishing-boats was brought in to swell
the statistics to be used in support of legislation, the Bill
was to have no application to fishing-boats.
But between November 1883 and February 1884 no
opportunity was lost of exciting the public mind against
210 POLITICS IN THE HOUSE OF COMMONS [CHAP, xix
the shipowners, who were denounced in the speeches of the
President of the Board of Trade as men who were in the
pursuit of unholy gains ; and then on February 6th the Bill
was introduced and read a first time. It was full of serious
difficulties. It provided that any person who was interested
in the insurance of a vessel should have the right of opening
the question whether that vessel was over-insured or not
when the insurance was claimed, but curiously enough it
left out all reference to the insurance of cargo, although
there was reason for believing that the loss of life happening
either intentionally or through wanton carelessness hap-
pened more often from the over-insurance of cargo than
the over-insurance of the hull. It proposed to abolish the
law of limited liability in the case of companies owning
merchant-vessels, making all the members of the company
liable if any loss occurred to the full extent of their fortunes.
And it abolished compulsory pilotage ; which seemed an
odd way of saving seamen's lives.
Three months passed before the Bill was put down for
second reading. During that time negotiations had taken
place between the shipowners, who absolutely refused to meet
Mr. Chamberlain, and Sir Farrer Herschell, the Solicitor-
General, who was called in to represent the Board of
Trade. In these discussions the Bill was pulled all to
pieces. The section abolishing compulsory pilotage was
given up. The section abolishing limited liability was given
up. The Bill was brought back to such a form that it was
not so good a Bill for the benefit of the seamen as the Con-
servative Maritime Contracts Bill of 1876 would have been.
On May I7th Mr. Chamberlain moved the second reading
of his attenuated Bill. He made an extraordinary speech.
It began between 6 and 7 o'clock and lasted within a few
minutes of four hours, and there were hardly twenty sen-
tences of it which were directly relevant to the proposals he
was putting forward.
I stayed there listening to the whole speech and taking
notes of it, but of course there was no time for debate that
night, and after one or two short speeches I moved the
1882-4] GLADSTONE AND CHAMBERLAIN 211
adjournment of the debate. Week after week went by and
the Bill was not again heard of. At last, about June 2oth, I
asked Mr. Gladstone when the Merchant Shipping Bill would
be put down again for discussion. His answer was that he
had received no communication from the right honourable
gentleman in charge of the Bill which led him to think it
desirable to fix the date for the resumed debate. The Bill
was never again put down for second reading. It was put
down on July Qth, but only for the purpose of being with-
drawn.
I do not know the explanation of these strange proceed-
ings. It may be that Mr. Gladstone, seeing the unfortunate
position into which matters had drifted, interfered and
compelled the abandonment of the Bill. It may be that
Mr. Chamberlain himself, hurt by being excluded from the
negotiations on his own measure, resolved in May to carry
it no further, and took the opportunity of making a long
speech to which no reply would be possible. But in any case
the incident was a severe blow to his parliamentary posi-
tion, and did not tend to improve the relations between him
and the Prime Minister. They were never cordial and
never could be. In 1880 Mr. Chamberlain and Sir Charles
Dilke were admitted to office with great reluctance on the
part of the Queen, and with hesitation and dislike on the
part of Mr. Gladstone. The Queen could not forget that
Sir Charles had made in 1872 a frankly Republican speech,
and Mr. Gladstone could not easily forgive the man who
had publicly declared that his election manifesto of 1874
was " the meanest public document that had ever in like
circumstances proceeded from the pen of a statesman of
the first rank." l
To me the most interesting figures in the House of Com-
mons during that Parliament were Mr. Chamberlain and
Lord Randolph Churchill. Each looked forward to be-
coming the leader of his party in the House of Commons ;
the one by succeeding Mr. Gladstone, the other by supplant-
ing Sir Stafford Northcote. Each knew himself to possess
i Article by Mr. Chamberlain in Fortnightly Review, October 1874.
212 POLITICS IN THE HOUSE OF COMMONS [CHAP, xix
qualities which justified the ambition. Joseph Chamberlain
was one of the most remarkable men the middle class of
English society ever produced. When at the age of forty-
three he entered the Cabinet he had only been four years in
Parliament and had had no official training. But his life
had been spent in useful public work at Birmingham ; and
the position which there he had deserved and obtained
gave him an unassailable seat in the House of Commons,
and the unquestioned leadership of the advanced Radical
party. He had an attractive personality. In face he was
very like the portraits of William Pitt. The keen eager eyes
and thin closely compressed lips told of energy and firmness.
His voice was clear and strong, his words well chosen, his
gestures free but not extravagant.
He and Sir William Harcourt did much to spoil House
of Commons speaking by their too constant use of the
tu-quoque argument and their abounding quotation from old
speeches of their opponents. The greater masters of debate,
Disraeli, Gladstone, Balfour, and Asquith have very rarely
used this weapon. But when a capable man condescends
to employ it it is very formidable. For thirty years Mr.
Chamberlain was unquestionably one of the foremost
debaters in the House. In language and in manner he was
always respectful to his chief, but he was a somewhat trouble-
some colleague. Before the Government was a year old
he and Mr. Bright, both Cabinet Ministers, absented them-
selves from an important division on our policy in the
Transvaal. Almost at the same time, when disorder in
Ireland was rapidly increasing, they successfully opposed
the policy of Mr. Gladstone, who wished to strengthen the
existing law but to retain trial by jury, and they insisted on
the suspension of the Habeas Corpus Act. The admission of
Sir Charles Dilke to the Cabinet, which the Prime Minister
practically forced upon the Queen in December 1882,
strengthened Mr. Chamberlain's position, and he afterwards
adopted a tone of independence in his public speeches which
Mr. Gladstone strongly disapproved. In 1883 he made a
speech at Birmingham which gave the Prime Minister much
1882-4] LORD RANDOLPH CHURCHILL
concern, and a letter of remonstrance had little effect;
Speaking of the Birmingham speech Mr. Gladstone wrote
to Sir Henry Ponsonby,
I consider the offence does not consist in holding certain
opinions, of which in my judgement the political force and
effect are greatly exaggerated, but in the attitude assumed
and the tone and colour given to the speech. 1
The young leader was treading on the heels of the old
one and not unwilling to trip him up, but not yet finding the
time quite ripe for his own supremacy.
On the Conservative side there was something of the same
position, and in the domestic controversies of the party I,
who had been a member of the Council of the National
Union of Conservative Associations ever since its founda-
tion in 1867, tk an active part.
Lord Randolph Churchill was a strange creature, and
ill-equipped for the great task which he set himself when
he resolved to become the leader of the Tory party.
His life for five and twenty years was idle and frivolous.
Then the Prince of Wales quarrelled with Lord Blandford,
and it was understood that the Marquis must not be asked
where the Prince was likely to be present. Lord Randolph
took up his brother's side in the quarrel, and the doors of
London society were for some years closed against him. It
fortunately happened that his father became Lord- Lieutenant
in Ireland, and four years spent there as a sort of unofficial
private secretary gave him a close and sympathetic know-
ledge of the Irish people. Then the rout of the Conserva-
tive party and the fall of the Ministry in 1880 opened to
him the great game of politics, and he plunged with delight
into the pleasures of a free-handed and irresponsible
opposition.
He had little knowledge of literature and none of science,
no familiarity with political history, and very slight
acquaintance with foreign affairs. But he had, when in
good humour, an all-conquering charm of manner. His
1 Morley's Life of Gladstone, ch. iii, p. 13.
15
POLITICS IN THE HOUSE OF COMMONS [CHAP, xix
talk, like his speech, sparkled with apt and incisive phrases.
He could be the most delightful of companions. But his
temper was fickle as April and stormy as October. His friend-
ship and his emnity were always in extremes. And no one
could guess how soon he would pass from one to the other.
It is truly said in Winston Churchill's brilliant life of his
father, one of the best political biographies in our language,
that
No one could tell what he would do, or by what motive,
lofty or trivial, of conviction or caprice, of irritation or self-
sacrifice he would be governed. 1
In 1882, by the casting vote of Lord Percy, whom he
afterwards treated with ungrateful discourtesy, Lord Ran-
dolph was co-opted as a member of the Council of the
National Union, and it soon appeared that he had resolved
to try to obtain for himself and his group of followers the
entire control of all the activities of the Union. He pro-
posed to get rid of the Central Committee, privately ap-
pointed by the leaders of the party, which at that time
dealt with the selection of candidates for Parliament and
the administration of party funds. These matters, as well
as the direction and declaration of the party policy, were,
according to his scheme, to be controlled by the committee
elected at the annual meeting of delegates of the Conserva-
tive Associations which were affiliated to the National
Union. To me and to most of those who had like myself
worked on the Council for fifteen years the proposal seemed
mischievous and even absurd. A conference so constituted
and meeting only once a year was quite unfit to determine
questions of policy, while a committee so elected could not
safely be entrusted with the management of party funds
privately contributed, or the settlement of the personal
questions which arise at every election and require the most
delicate and confidential treatment.
At the Birmingham Conference in October 1883 Lord
Randolph, carrying out an arrangement he had made with
1 Lord Randolph Churchill, p. 129.
1882-4] THE NATIONAL UNION 215
Gorst and Sir Henry Wolff, declared war against the Central
Committee, and advocated the placing of all power and
finance in the hands of the Council of the National Union.
His speech was much cheered, and there was the appear-
ance of a triumph in the passing without a division of a
perfectly innocuous resolution directing the Council to take
steps to secure for the National Union " its legitimate
influence in the party organisation." The Conference voted
for the resolution, not the speech, and there was no reason
for any one to vote against it. But when it came to the
election of the Council the conspirators were not successful.
Gorst, writing the next day, described Lord Randolph as
carrying all before him by a capital speech ; but added :
The election, however, went off badly. Clarke, Chaplin,
Claud Hamilton, and a lot of other undesirable men got
elected, and it will require the greatest care and skill in
the selection and election of the twelve co-opted members
to secure us the necessary working majority. 1
This working majority was not secured. In February
Lord Percy resigned the Chairmanship of the Council,
Lord Randolph Churchill and Mr. Henry Chaplin were
proposed for the office, and it was only by a majority of 2
(17 to 15) that Lord Randolph was elected. Then followed
a stormy eight months of Resolutions and Reports and Com-
mittees and Conferences, with four very important divisions
in the Council. In the first two of these Lord Randolph
was successful, by 19 to 14, and 17 to 13, but in June the
balance had shifted. Earl Percy moved that the Annual
Conference should be held at Sheffield and as soon as
possible. Notwithstanding a violent resistance by Lord
Randolph and his party, this was carried by 19 to 17. A
fortnight later an attempt was made to postpone the Con-
ference. Great efforts had been made to bring up voters
to support this proposal, but when the vote was taken it
was rejected by 19 to 18. I have no record of the names
of those voting in an important division which took place
1 The Fourth Party, by Harold Gorst, p. 258.
2i6 POLITICS IN THE HOUSE OF COMMONS [CHAP, xix
in May, when it was resolved by 17 to 13, in spite of Lord
Randolph's opposition, to accept a suggestion of Mr. Row-
land Winn, the chief Conservative Whip, that a few of the
members of the Council should be deputed to confer with
the Central Committee. Lord Randolph and Gorst refused
to serve on the deputation, and Maclean, the mover, Mr.
Henry Chaplin, Lord Claud Hamilton, Mr. William Houlds-
worth, and I had an interview with Mr. Edward Stanhope,
Lord Henniker, Mr. Arthur Balfour, and Mr. Whitley, who
then constituted the Central Committee.
Upon the passing of this motion Lord Randolph in a fit
of temper resigned the chairmanship of the Council, sent
paragraphs to the newspapers foreshadowing his withdrawal
from political life, and drafted a long letter to his chairman
at Birmingham relinquishing his candidature for that
borough. The letter was never sent. He repented of
his haste, withdrew his resignation, and made vigorous
preparation for the meeting at Sheffield. Meanwhile the
negotiations with the Central Committee resulted in a
complete arrangement, which was unanimously confirmed by
the Council on June 24th. Lord Randolph was profoundly
dissatisfied with this settlement, and determined to appeal
to the Sheffield Conference to change completely the
membership of the Council by expelling from it all the
members who had acted together in thwarting his plans.
On July 2 1st he sent out to all the delegates a list of the
gentlemen, thirty in number, " proposed by Lord Randolph
Churchill for election to the Council of the National Union/'
With it was a lithographed letter from himself. He said :
The composition of a representative powerful ; and inde-
pendent Council has occupied my most anxious attention,
and I most earnestly trust that the subjoined list may
meet with your approval and receive your support.
On the 23rd Lord Salisbury spoke at a large meeting at
Sheffield upon the action of the House of Lords with regard
to parliamentary reform. I made a speech at that meet-
ing. Lord Randolph absented himself* So did Gorst and
1882-4] LORD RANDOLPH'S DEFEAT 217
Forwood, who were busy at the Victoria Hotel organising
victory for the next day.
Four hundred and fifty delegates were present at the
conference. It was a good straight fight. Lord Randolph
exhorted them to vote for his list, and so clear away from
the Council those who obstructed him. I reminded them
that the men he desired to ostracise had worked for the
Conservative party, in and through the National Union,
for years before he had taken part in political work. So
amid cheers and counter-cheers we went to the voting.
Lord Randolph's name was on both lists, and when the
numbers were announced he stood first with 346 votes.
Forwood, a new candidate, widely and deservedly popular
in the north of England, and Colonel Burnaby, the second
candidate for Birmingham, and just then a popular idol,
were second and third with 298 and 293 votes. But the
next four names were the important ones, and their position
on the list showed that the conspirators had failed. They
were : Clarke, 289 ; Chaplin, 271 ; Gorst, 264 ; Wolff, 261. l
Twenty-two were elected from Lord Randolph's list, and
nineteen from Earl Percy's : some names had appeared on
both. Three were elected who had not been on either. These
were : SirM. Hicks-Beach, 212 ; Colonel King-Harman, 212 ;
and Mr. Arthur Balfour, 186. Lord Randolph's friends
went away shouting at their apparent victory. Most of
us came back to London by the 6.25 North-Eastern train,
and at Rugby we stayed for a few minutes, and I met
Sir Henry Wolff. " Well, we have beaten you," he said.
"Not a bit of it," I replied. "You go carefully over the
names and numbers to-morrow morning, and you will see
they tell a different story."
The next day Lord Randolph surrendered. Sir Michael
Hicks-Beach became chairman of the National Union, which
reverted to the functions it had so successfully exercised,
and Lord Randolph was not seen there again.
Whether the capitulation was prudent or unwise it had
1 A curiously inaccurate statement as to this will be found in the Life
of Lord Randolph Churchill, ch. i, p. 355, and The Fourth Party, p. 300.
2i8 POLITICS IN THE HOUSE OF COMMONS [CHAP, xix
one very definite and important result. It destroyed the
Fourth party. Gorst was not in town and was not in any
way consulted. He strongly resented the breach of an
express agreement which had been made when he risked his
political future by joining in this campaign that no step
should be taken without his approval. And he refused
to attend the dinner which Lord Salisbury gave to the
new Council to show that all dissensions were now at
an end.
During these two years of conflict, and indeed during the
whole of his political life, my friendship with Lord Randolph,
which had begun at Woodstock in 1874, was never inter-
rupted. I dined with him at his club, and he dined with
me at the Garrick. Sometimes he talked to me about what
he intended to do in the House, and once at least, at his
request, I intervened in debate in order to draw Mr. Childers
and give him the opportunity of reply.
And it was not long after the stormy fight at Sheffield
that he asked me to come to Birmingham and make a couple
of speeches for him. One was at a dinner of the local Con-
servative association, and the other on the following day
was at Aston Park. It had been arranged to hold a great
meeting at the Skating Rink there, and to show that all
differences had passed away Sir Stafford Northcote had
promised to make the principal speech. Sir Stafford and a
large party of Members of Parliament arrived at the Park
at the appointed time. But the friends of Mr. Chamberlain
had been busy. Hundreds of forged tickets had been
printed and used without detection. But this was not
enough. A wagon with a heavy piece of timber was brought
to the part of the Park wall nearest to the Skating Rink,
and shortly before the time fixed for the meeting the timber
was used as a battering-ram, the wall was broken down, and a
crowd of roughs rushed through the gap and took possession
of the Rink. When we reached the Park we heard that the
large hall was in the hands of the mob, who were breaking
up the chairs (Jim Lowther said they were engaged in the
redistribution of seats), and that it would be dangerous for
1882-4] ASTON PARK 219
our party to try to reach the platform. But Sir Stafford
insisted on making the attempt. There was a smaller hall
near the chief entrance to the Park, and it was arranged
that this should be filled by our friends and the doors strongly
guarded, and that I should start a meeting there and go
on speaking until we heard how the Skating Rink party had
fared. It was not a very pleasant task, but I did not have
to speak long. Presently shouting was heard, and Sir
Stafford, with a broken hat, and his habitual calm a little
disturbed, was brought back through the crowd and with
some difficulty guarded from personal violence. He came
on the platform of the small hall, made an excellent speech,
and as the reporters had been told of our arrangements
the meeting was fully reported. I think the blackguardism
of our opponents, the riot at the Skating Rink, and our
subsequent meeting, did our cause far more good than we
should have had from an undisturbed demonstration at the
Rink.
I was always fond of financial questions, and in 1884 I
had provoked a somewhat violent controversy by attacking
in a speech at Mount Edgcumbe the Financial Reform
Almanack, then issued each year by the powerful Financial
Association of Liverpool. I called it " a magazine of lies."
When the phrase was resented, I quoted from the Almanack
twenty-two specific statements, every one of which was
untrue.
Between the date of the Sheffield Conference and that
of the Aston Park riot I went to the annual meeting of
the Conservative association at Plymouth, and there
challenged upon this question of national finance the most
doughty of all combatants.
The Prime Minister had, three weeks earlier, on Sep-
tember ist, made a speech to his constituents which
contained the following passage:
I will give you with the utmost exactness a comparative
statement which it is quite impossible for them [the Tories]
to shake, and which I will convey to you in no very great
220 POLITICS IN THE HOUSE OF COMMONS [CHAP, xix
number of words, avoiding all detail, lumping all large sums
of money, and making use of round numbers for the sake
of greater simplicity and intelligibility. For the last four
years of the late Government the gross expenditure of the
country was 329,000,000 ; in the last four years of the
present Government do not be alarmed the expenditure
of the country has been 342,000,000 ; that is, apparently,
in comparing the two Governments, our account is
13,000,000 to the bad. Let us look a little further into
the matter. I must first of all deduct the expense of collec-
tion. You know we have vast establishments connected
with post-offices, telegraphs, and so forth. To charge
them to taxation would be absurd. I do not therefore take
the expense of collection, and the two sums then would be
that for the late Government 297! millions, and that
for the present Government 3o6| millions. There are still
9 J millions remaining to the bad against us ; but I go further,
and I deduct the debt we have paid off, because undoubtedly
what you spend in the payment of debt ought not to be
reckoned as expenditure. We have paid, as I have told
you, 25 millions of debt against n millions ; and conse-
quently, when we bring this into account, we are no longer
to the bad, but are to the good jby the amount of 4!-
millions.
A little later on in the speech he again said, " So far I
have been dealing with matters of fact, and no man can
shake one of the figures I have laid before you."
At my meeting at Plymouth on September 22nd I quoted
that statement and declared that every figure in it was
wrong.
As I hoped and expected a Plymouth Radical sent the full
report of my speech to Mr. Gladstone. He replied that
he was prepared to stand by the figures he had used. I
returned to the attack in a later speech, and the Prime
Minister then said that he believed his figures might be
relied upon, and that I did not appear able to comprehend
the system on which the finances of the country were
conducted.
The fact was that the figures were not really Mr. Glad-
stone's at all. They had been supplied to him by a young
1882-4] FINANCE 221
official in the Post Office through Mr. Fawcett, who was then
Postmaster-General, and the Prime Minister had incau-
tiously used them without examination.
The opportunity of encountering the great financier on
the field where he had been so long supreme was not to be
lost. So as soon as Parliament reassembled I wrote to
Mr. Gladstone, saying that unless he suggested another con-
venient opportunity I would move a formal addition to the
Address and so secure a discussion. He replied in a letter
which is so admirable an example of his epistolary style,
with its reservations and qualifications, that I think it is
worth quoting in full.
10, DOWNING STREET, WHITEHALL,
October 25th, 1884.
MY DEAR SIR,
I thank you for your courteous note, but I am
altogether unable to concur in the arrangement you
suggest, and I even hope you will substitute some other
for it.
To move an amendment to the Address for the purpose
of introducing a discussion which has for its aim to settle
a difference of opinion, or of figures, between two members,
as to retrospective finance in short, to use the Queen's
Speech and the Answer to it as an occasion parallel to the
Friday motion of Supply, would be a proceeding (in my
view) as inconvenient and as little seemly as it would be
unexampled.
The Committee of Supply will shortly have to be set up,
and that, with all the usual opportunities, will become at
once available when the House has dealt with the Franchise
Bill, assuming that it shares the view of the Government
as to the particular method of dealing with that measure.
I do not say that there is no objection to the settlement of
such a matter in this way, for I think there is ; but it is not
open to the same grave objections as the introduction of it
into the debate on the Address.
I remain, my dear sir,
Faithfully yours,
W. E, GLADSTONE.
E, CLASKE, ESQ., M,P.
222 POLITICS IN THE HOUSE OF COMMONS [CHAP, xix
I add my brief reply :
37, RUSSELL SQUARE,
October 2$th, 1884.
DEAR MR. GLADSTONE,
I am much obliged by your letter, and in deference to
your judgement I will at once abandon the arrangement I
proposed, and will let the matter stand over until Supply
has been set up. At the same time I regret the postpone-
ment, and I hope that in default of any earlier opportunity
that may be thought an appropriate occasion for the dis-
cussion.
Believe me, dear Mr. Gladstone,
Faithfully yours,
EDWARD CLARKE.
THE RIGHT HON. W. E. GLADSTONE, M.P.
Supply was set up, and I was fortunate in the ballot and
obtained the second place for Friday, November 2ist, and
on that evening I went to the House full of expectation
of a conspicuous triumph. But I was disappointed. The
astute old gentleman had found a way of escape.
As I entered the House a long envelope was handed to me,
which contained a note from Mr. Gladstone, in which he
said that he did not intend to make any reply. This, of
course, was a confession of defeat. If he could have justified
his figures, he would have delighted in making a public
example of an opponent who had ventured to question his
infallibility in finance. The reasons he gave were that in
an incidental debate on finance a week or two earlier I had
not taken part, and that the question of comparative ex-
penditure was one for the Chancellor of the Exchequer, Mr.
Childers, to deal with. These were transparent pretences.
My controversy was not with Mr. Childers, but with him ;
and if after giving notice of a specific motion I had brought
the matter up in the course of a general debate, I should
have been justly accused of trying to take my adversary at
a disadvantage.
Enclosed with his note was a memorandum covering eight
pages of quarto paper. It was dated " Downing Street,
November 2ist, 1884," but is not, I think, in his hand'
1882-4] A SPEECH UNSPOKEN 223
writing. It was a curious document, in the form of a
dialogue between A and B ; but I need not describe it, as
any one still interested in this old controversy can read it
in The Nineteenth Century of December 1884. It suffices
to say here that it contained no reaffirmation of the Edin-
burgh figures.
On receiving this letter and memorandum, I at once went
to the Speaker, told him the circumstances, and asked his
permission to make a personal statement. He consented ;
and when he called upon me I read Mr. Gladstone's letter,
end then said that I did not think I should be consulting
the convenience of the House in making a speech to which
no answer would be given. I said I would put the substance
of the speech into print, and, taking advantage of the
permission given, I would append to it the long manuscript
statement which the letter enclosed, and would send a
copy to every member of the House.
I think my action made me for a time one of the most
popular of men. That a lawyer, having the House at his
mercy, and primed with a long speech on a dull subject,
should refrain from delivering it, and send it in print, so
that those who chose to do so might read it and consider
it at their leisure, was so new an experience that I believe
the incident immediately and finally relieved me from the
prejudice which was undoubtedly felt in the House against
members of rny profession. As I left the Chamber I met
in the Lobby my old friend James Knowles. " Let me
have your speech/' he said. " I want it for my December
number, and it will be just in time." I told him I had
never in my life written out a speech in full before delivering
it, and had no manuscript which would answer his purpose.
" Well, if I send you a shorthand writer to-morrow morning,
will you dictate it to him ? " I agreed, and the next day
I delivered my speech walking up and down my delightful
library at Russell Square. The proof was corrected on
Monday (the 24th), and two or three days later The Nine-
teenth Century containing it was issued to the trade. The
incident was pleasantly closed by Mr. Knowles sending me
224 POLITICS IN THE HOUSE OF COMMONS [CHAP, xix
a cheque for fifteen guineas, which added to my library a
fine edition of Swift's works.
The promised pamphlet was duly sent to every member
of each House of Parliament.
Of course I had not resolved upon putting down an amend-
ment to the Address without consulting my leader in the
House of Commons.
I wrote to him from Plymouth, remonstrating on his
having apparently accepted the Edinburgh figures as correct,
and in reply he asked me to come and dine and sleep at
Pynes, or at all events to come and lunch there. So on
October loth I broke my journey at Exeter and drove out
to his beautiful old house. There I spent a delightful
afternoon. We did not talk much about finance, for I took
with me a startling bit of news on a more important
subject than the accuracy of Mr. Gladstone's figures. At
Exeter I had found the London newspapers, and there
in The Standard was printed the full text of the Redistribu-
tion Bill, upon the production of which the Tories had been
clamorously insisting. In those days there were no tele-
phones, but it seemed to me very strange that, with the
telegraph wires available, the leader of the Opposition in
the House of Commons should at two o'clock in the after-
noon be quite ignorant of such a document having been
published eight hours earlier. Our conversation was mainly
about the position of the Reform question. The Franchise
Bill, which in April had passed its second reading in the
House of Commons by a majority of more than three to two
(340 to 210), and had been read a third time without an
opposing vote, had been practically rejected by the House
of Lords ; and Parliament had been prorogued and an autumn
session fixed for October 2ist, in order that it might again
be rapidly passed and sent up to the Lords with the menace
that if they dared again to reject it they would imperil the
power, if not the existence, of their House. Sir Stafford
complained bitterly that he was being ignored in certain
negotiations which he believed were going on. He told me
that the Duke of Richmond had been to Balmoral, and he
1882-4] ANOTHER OPPORTUNITY MISSED 225
thought that Lord Salisbury and the Duke and Lord
Cairns were busy in negotiations from which he was entirely
excluded. He was mistaken in this. The suggestions which
the Queen had made in September to the Duke of Richmond
had led to no result.
Two days before the meeting of Parliament in October
1884 I was at the Carlton, and met Edward Stanhope and
Lord George Hamilton, and asked if anything had been
arranged as to the course of the Conservative party. They
said no, so I saw Henry Northcote and found from him that
no plans had been settled, but that a meeting of the members
of the late Government was to take place at Sir Stafford
Northcote's house the afternoon before Parliament met.
I thereupon drafted an amendment to the Address, and
urged upon Northcote that it would be a serious blunder to
take a great party division upon the second reading of the
Franchise Bill, as it was quite certain that we could not
now detach any Liberals from their party.
The amendment I drafted was in these terms :
That the House humbly assures Her Majesty of its willing-
ness to proceed immediately to the consideration of the
question of Reform and its desire to arrive at a fair and
just settlement of the whole question, and to that end it
humbly prays Her Majesty to cause the proposals of Her
Majesty's Government with respect to the redistribution of
seats to be laid upon the table of the House, and assures
Her Majesty that those proposals shall be diligently and
carefully considered.
I suggested that if this were moved as an amendment to
the Address all the Irish party and a certain number of
Liberals might be expected to vote for it, and so induce the
Government to come to a reasonable agreement by sub-
stantially diminishing their majority.
Northcote took the draft to give to his father. A few days
afterwards I heard from him and from Stanhope, to whom
I had also spoken on the matter, that the proposal had
been discussed at the meeting at Sir Stafford's, and that
226 POLITICS IN THE HOUSE OF COMMONS [CHAP,
Lord Salisbury as well as Stanhope was in favour of it, and
that Sir Stafford was also inclined to support it. It was,
however, set aside in deference chiefly, so Henry Northcote
told me, to the objections of James Lowther and Rowland
Winn, who thought that it would obtain for us so good a
division that afterwards when we came to divide upon the
Franchise Bill itself it would appear that our supporters
were falling away from us.
The result of this decision was that we divided again
against the second reading of the Franchise Bill, did not
get a single vote from the Irish or the Liberal party, and
were beaten by a majority of 140.
The very day after I had my conversation with Sir Stafford
at Pynes the Queen suggested to Lord Salisbury that the
leaders of the Opposition should be prepared to negotiate
with the Government on the basis of a very moderate
speech made by Lord Hartington at Hanley, in which,
to Mr. Gladstone's dissatisfaction, he had used the word
" compromise." In the negotiations which followed Sir
Stafford took a very important part.
On November I4th he had a private conversation with
Mr. Gladstone, in which, Lord Morley says, " they made good
progress on the principles of redistribution." * And five
days later there began a remarkable series of meetings at
Downing Street, where Lord Salisbury and Sir Stafford met
the Prime Minister and some of his colleagues, the Govern-
ment scheme was produced and discussed, and the main
provisions of the Bill were practically agreed. A dangerous
constitutional conflict was averted ; a sound measure of
redistribution of political power was carried through ; the
privilege and responsibility of the franchise were widely
extended ; and so far from producing the revolutionary
results very freely predicted, it happened after the Reform
Bill of 1884, as after those of 1832 and 1867, that the next
election but one put into power those who had most feared
its effects. To the wisdom and tact of the Queen and her
resolute perseverance in the face of many difficulties the
1 Life of Gladstone, ch. iii, p. 136.
1882-4] A DIFFICULT SITUATION 227
country was chiefly indebted ; but all the statesmen con-
cerned were entitled to share the credit, and especially Lord
Salisbury, who had the hardest task of all. To the very
last he was doubtful of success.
On November I5th I wrote to him from Russell Square,
enclosing a memorandum :
DEAR LORD SALISBURY,
I apologise for troubling you who have so many
counsellors, and need them so little, but I am very anxious
about the present situation, and think the suggestion in
the enclosed memorandum may offer a reasonable solution.
The essentials of a compromise, which I think very desir-
able, are
(1) That the Government should appear to succeed by
putting the Franchise Bill upon the Statute Book without
making its operation contingent upon the passing of a Re-
distribution Bill.
(2) That the House of Lords should succeed in making it
practically impossible that an election should take place
on the new franchise and the old constituencies. The
suggestion of F would only secure the first of these
essentials, and I think mine would secure both.
Believe me, my dear Lord Salisbury,
Very faithfully yours,
EDWARD CLARKE.
The enclosed Memorandum :
(1) House of Lords to pass the second reading of the
Franchise Bill.
(2) Government then to introduce Redistribution Bill in
House of Commons, declaring that Parliament will be
adjourned, not prorogued, and the Redistribution Bill taken
in precedence of all Government measures.
(3) Names of Boundary Commissioners or the mode of
their selection to be agreed.
(4) House of Lords thereupon to pass the Franchise Bill,
amended by inserting [Mr. F.'s clause] instead of January ist,
1885, these words : " January ist, 1886, or such earlier date as
may be appointed by any Act passed lor the Redistribution
of Seats " ; or these words : " January ist, 1886, unless before
that date an Act shall be passed for the Redistribution of
228 POLITICS IN THE HOUSE OF COMMONS [CHAP.
Seats, in which case this Act shall come into operation on
the day when the royal assent shall be given to such Act
for the Redistribution of Seats."
No. 3 might be given up by way of compromise.
The words suggested in (4) escape the objection taken
by Mr. Gladstone to Mr. 's words There can be
no double register. They do not definitely postpone the
operation of the Franchise Bill.
They practically secure the requirements of the House
of Lords.
This Government may pass the Bill now to be brought
forward.
In that case election in the spring of 1886 on new con-
stituencies. The election will not then have been delayed
a single day by the action of the House of Lords.
The Government may fail.
Then there must be a dissolution upon the old franchise.
If Liberals win, they were pledged to moderate redistribu-
tion, and Conservatives are no worse off than before, rather
better. If Conservatives win, they have the session of
1886 to either (i) pass Redistribution Bill, or (2) pass a Bill
postponing the operation of the Franchise Bill
Lord Salisbury replied the next day :
MY DEAR CLARKE,
I agree with you in thinking a compromise desirable
under all the circumstances of the case, but I do not think
your proposal gives us sufficient security against an election
on the old constituencies with the new franchise. There is
a gap the interval between January ist and April 26th,
1887. If it did happen that redistribution were not finished
in 1886, the pressure would be very strong and practically
irresistible to hold the dissolution over the New Year, so as
to allow the two million capables to vote. If your proposal
said January 1887, it would no doubt be more favourable.
Yours very truly,
SALISBURY.
A few days later I sent another memorandum upon the
political position :
Franchise Bill has passed the Commons by majority of
140, and the House has by a majority of 85 refused to make
1882-4] THE OUTLOOK 229
its operation (in terms) dependent upon the passing of a
Redistribution Bill.
The House of Lords may :
(1) Reject.
(2) Pass second reading and postpone Committee to
February next.
Of these courses the second would be far the best for
three reasons :
(1) It could not be usefully alleged that the Lords had
thrown out the Bill.
(2) It would greatly embarrass the Government.
(3) It would take away all excuse for the creation w of
Peers.
Rejection would be a defeat to which the Government
could not submit , without fatally weakening their position
in Parliament and in the country.
They must then either
Obtain the creation of Peers (to be avoided by the
adoption of the second course).
R sien I These both mean dissolution, for a Conserva-
Dissolve 1 ** ve "^ktry could not meet this Parlia-
t ment with advantage.
What are the prospects of a dissolution ?
Probably the Tory party would gain so many seats as
to have a majority over the Liberals, the parties being :
Tory 300
Liberal 270
Parnellites 90
660
What must then happen ?
The new Government would let 1885 pass by ; the
moderate Liberals would probably decline to join the Par-
nellites in ejecting them.
But in 1886 it would be necessary to make arrangements
for a Reform Bill, and in 1887 one must be proposed, and
that Bill would emerge from the House of Commons a much
more Radical measure than can be got now. But the
result of an election might be that the Liberals would have
a majority. In that case they could do just what they
pleased, for it would then be practically impossible for the
House of Lords to interfere at all.
16
230 POLITICS IN THE HOUSE OF COMMONS [CHAP, xix
There are reasons why it would be well for the Tory party
that the election should be postponed.
The difficulties of Egypt and Ireland are not at their
worst.
Increased taxation will be immediately required.
Agricultural and commerciaj depression is increasing.
The Government have succeeded in removing the impres-
sion that they desired or had any reason to conceal their
scheme.
An immediate reply came from Hatfield, dated November
24th:
A line to thank you for your very suggestive paper.
The difficulty is the profound division of opinion among
our own friends, and it is a difficulty which grows the worse
the more we look at it.
Ever yours truly,
SALISBURY.
By way of personal history I may here put in a few
sentences from my letters written from the House to my
wife, who was then at Hastings :
November zoth, 1884.
All things seem in confusion down here. The Government
cannot tell us what is to be done in Egypt, nor what they
propose to spend on the Navy ; so probably we shall adjourn
on Monday for a week. But I believe that nothing will
prevent my attack on the old gentleman coming on to-
morrow, so I am going home presently to put the finishing
touches to the speech. The Radicals are delightfully savage,
and there has been a very definite rumour of Mr. Chamber-
lain's resignation, but I fear it is too good to be true. When
I was in the middle of the last sentence, Labouchere came up
to speak to me about to-morrow evening. He has given
notice of a motion attacking the House of Lords, and he says
he is going to dilate on " the humiliating surrender, the old
man grovelling on his knees before the Peers." It will be
fun, and as I stand next after him I shall have to be there.
December 1st, 1884.
Mr. Gladstone is just about to make his statement about
the Redistribution Bill, and I do not know what sort of
1882-4] A CURIOUS INCIDENT 231
debate will arise upon it to keep me in the House, so I
will just snatch the time to report myself all safe in town. . . .
There is plenty of excitement here : at least a third of the
members will have to stand for fresh constituencies, and
most of them do not seem to like the prospect. Plymouth
is one of the few constituencies which are " not too large
but just large enough "to be left alone, so I can feel philo-
sophical. But for the next twelve months this will be a very
singular House of Commons. Just up: so I must be off.
The publication in The Standard of the Cabinet draft of
the Redistribution Bill was a very curious incident. The
Spottiswoodes had for a long time been the Government
printers, and for a time it was believed or pretended that
they were responsible for the betrayal of a Cabinet secret.
They were at once notified that they would no longer be
entrusted with Government work. The heads of the firm
came to me for advice, and explained to me the elaborate
precautions which were taken when confidential documents
had to be printed for use by the Cabinet. A group of the
most experienced and trustworthy men in their employ
were entrusted with the work. The manuscript was
separated into small parts, and so distributed to different
men in different places that no printer ever had in his hands,
or could get access to, the whole document. Only as many
copies were printed as there were members of the Cabinet,
and these copies were all numbered.
On my advice statutory declarations were made by the
persons who in this case had been employed on the work, and
were sent to the Treasury. In a short time Spottiswoodes
were restored to their position. I have always been curious
as to the explanation of this incident. It may have been
a disloyal act on the part of an individual member of the
Cabinet ; it seems to me more likely that it was a calculated
indiscretion, not disapproved by the body of its members,
and intended to assist the process of negotiation by directing
attention to the details of a redistribution scheme.
The subject which interested me most in the Reform
discussions was that of Proportional Representation. I
232 POLITICS IN THE HOUSE OF COMMONS [CHAP.
worked actively with Mr. Courtney and Sir John Lubbock
in the public meetings at which Mr. Hare's system was
practically illustrated. And I should like to quote two
sentences from the report in Hansard of the speech which
I made in the House of Commons in Committee on the
Franchise Bill:
I can hardly imagine a Reform Bill so extensive that it
would be unsafe to adopt it if it were associated with the
principle of Proportional Representation.
With regard to that principle, valuable as I think it would
be, and safe as it would make the enlargement of the fran-
chise, it is the only means by which it will be possible
permanently to retain Ireland within the parliamentary
system of this country, and therefore I heartily wish it could
be incorporated in the present measure. 1
There is one other speech made by me in the eventful
year of 1884 which I think I ought to mention, as it had some
effect on my fortunes at Plymouth a good many years later.
At one of my meetings there I had been asked whether I
was in favour of the Bill for permitting marriage with a
deceased wife's sister. I replied that I was. The High
Church party at Plymouth was very strong, and included
some of the most influential men of the town. Their leader
among the clergy was my dear friend the Rev. G. R.
Prynne, the vicar for fifty years of St. Peter's, Plymouth,
a man of saintly character, honoured and loved by all
who knew him. We differed widely in opinion on Church
matters, but in political affairs he was my staunch supporter.
He went so far as to write an election song which was sung
at my meetings in 1886. The leader of the High Church
laity was Mr. John Shelly, a lawyer of high character who had
been Mayor of Plymouth, a man of wealth and influence
and a devoted Churchman. He and most of the High
Churchmen belonged to the Liberal party ; but a few, and
they not unimportant in the then nicely balanced condition
of political parties in the town, were among my Conservative
supporters. In the early part of 1884 I received a letter
1 Hansard, vol. cclxxxv p. 398.
1882-4] DECEASED WIFE'S SISTER 233
signed by a number of my constituents urging me to vote
against the Deceased Wife's Sister Bill, or at all events to
refrain from voting or speaking in its favour. I at once
replied that my conduct in Parliament must be guided
entirely by my own convictions, and I prepared, and on
May 6th, 1884, delivered, a speech in support of the Bill,
which is reprinted in my Selected Speeches, 1 and is the fullest
expression of the opinions on this subject which have been
sustained by the thought and experience of the many years
which have passed since.
I have given a large and perhaps a disproportionate space
to the record of my political work during the years 1882
to 1884, but these years were in some respects the most
important years of my life. In a former chapter I have
spoken of my good fortune in coming into the House of
Commons just at the time when my leaders were ejected
from office and were specially inclined to favour a new
recruit who was likely to be of service in debate. This
advantage I did not throw away. I carefully chose my
opportunities of speaking, and never spoke at great length.
I was always willing to oblige the Whips by going to speak
at contested elections or at political meetings in or not
far from London, and I think that during my time of active
political work I must have made as many speeches on
public platforms as any member of the party. At the end
of this volume I will give a list of places outside London
at which I have made political speeches, and it will represent
a good deal of activity. Of course I have no record of the
multitudinous speeches made in the London constituencies.
But I never allowed the Whips to have anything to do with
my speaking in the House itself. The great danger of a
young member, anxious to oblige them and to distinguish
himself, is the being induced to speak just to keep the
debate going when he has not prepared a speech. Then he
always fails, and the House soon ceases to take an interest
in him.
This is the mistake which, as in the case of my brilliant
i Selected Speeches, p. 62
234 POLITICS IN THE HOUSE OF COMMONS [CHAP, xix
friend Frank Lockwood, entirely disappoints so many
reasonable expectations of success in the House of Commons.
I did not speak often, and never without preparation, and
prepared many more speeches than I had the opportunity
of delivering. The material was not wasted, for I had
plenty of public meetings at which it could be used. So by
the end of 1884 I had done a great deal of work for my
party in and out of the House ; my leaders honoured me
with their confidence and friendship ; and I believe I was
not unpopular with members of either of the three political
parties.
Meanwhile my position at the Bar was steadily advancing.
It appeared likely that I should be able to take a not
inconspicuous part in the political crisis which all believed
would be reached in the summer of 1885.
CHAPTER XX
AN UNEXPECTED CHECK : 1885
Iii the short legal holiday at the end of 1884 my wife and
I went to Belgium for a fortnight to enjoy pictures and
churches at Antwerp and Ghent and Bruges. She paid
very dearly for the enjoyment, for an abominably insanitary
hotel at Antwerp sowed the seeds of typhoid fever, and a
few weeks later she had a very dangerous illness.
Returning home on January gth, I had a pleasant surprise
in finding a letter awaiting me from the solicitor to the
Conservative party in Manchester, saying that in case I did
not intend to contest Plymouth at the next election they
desired to put a safe seat for one of the divisions of that
city at my disposal. The idea of leaving Plymouth had
never entered my mind ; but seeing that I had been elected
by a small majority, that the constituency had now more
than doubled in number, that Sir Edward Bates, through
whose disqualification I had obtained the seat, was now
coming forward again, and that Macliver, my Liberal
colleague, had shown himself a very diligent and useful
member, I dare say my prospect of re-election did not look
so hopeful to others as it did to myself.
I at once wrote gratefully acknowledging the honour done
me by the offer, but adding :
I am pledged to stand for Plymouth, where I have every
reason to believe my seat is perfectly safe, and where I
received in 1880 the most generous welcome. I cannot
therefore accept your kind invitation, but I shall always be
proud to have received it, and shall feel that the Conserva-
235
236 AN UNEXPECTED CHECK [CHAP, xx
lives of Manchester have by this offer created an abiding
claim upon my services in or out of the House of Commons.
My suggestion in the second memorandum to Lord Salis-
bury, that the difficulties of the Government with regard to
Ireland and Egypt were not at their worst, was soon justified.
On January 24th there were serious explosions of dyna-
mite at the Tower of London, in the House of Commons, and
in Westminster Hall. And more important than the inci-
dent itself was the fact that Mr. Parnell, speaking almost
immediately afterwards, did not say a word in deprecation
of these methods of political agitation.
Then on February 5th came the news of General Gordon's
death at Khartoum. Mr. Gladstone saw at once that this
would probably bring about the fall of the Government, and
there were anxious and perplexed discussions in the Cabinet.
Parliament had been adjourned from December 6th to
February igth, and in the angry excitement of the public
mind the result of the vote of censure which would certainly
be moved as soon as the House of Commons assembled was
very doubtful.
It was at that critical moment that Lord Rosebery, with
fine courage and patriotism, became a member of a Cabinet
which already appeared to be tottering to its fall. His
adhesion was of value to the Prime Minister for the influence
which he had with the moderate section of the Liberal party,
rather than for the value of any advice he could give upon
the difficulties at home and abroad, with the details of which
he was not completely acquainted. And it did not prove to
be an unmixed advantage. Three months later he joined the
other peers in the Cabinet in rejecting the proposal of a
central body in Ireland for the control of municipal adminis-
tration a decision which at once upset the Government
ancj. turned the Home Rule movement into more dangerous
channels.
The expected vote of censure was moved by Sir Stafford
Northcote on February 23rd. I happened to notice that
it was the anniversary of an important event in Mr. Glad-
1885] AN INTERESTING DATE 237
stone's life. On February 23rd, 1855, speaking from the
ex-minister's place below the gangway, he had explained
to a perplexed House of Commons why he had left Lord
Palmerston's ministry, which he had only joined about a
fortnight earlier. The coincidence was a useful debating
topic, and I prepared myself for speaking if I found an oppor-
tunity. I rose two or three times on the second and third
nights of the debate, but was not called upon. On the
fourth and last night the same thing happened, so I went
to the Speaker and asked if he thought he could give me
an opportunity for a short speech. Mr. Labouchere had
just risen and was speaking on the Liberal side. The
Speaker (Mr. Peel) said he was very sorry he had not been
able to call me, and that now it was difficult, for he had
promised Mr. Forster to call him as soon as he could after
10 o'clock, and Labouchere would probably speak till then.
I said my speech would be very short, only about seven
or eight minutes. " Oh/' said he, " that makes all the
difference. I shall be very glad to have a speech from
the Opposition benches if I am sure it will be short." So
when Labouchere sat down I was called upon. It was a
fine opportunity, for the House was rapidly filling, and there
was much excitement at the prospect of a close division.
The speech was a success. Its brevity was recognised as
an excellent quality, and perhaps it had some others.
There is one passage I think it worth while to quote.
Mr. John Morley had moved the following amendment :
That the House, while refraining from expressing an
opinion on the policy pursued by Her Majesty's Govern-
ment in respect of the affairs of Egypt and the Soudan,
regrets the decision of Her Majesty's Government to employ
the forces of the Crown for the overthrow of the power of
the Mahdi.
My comment on this was :
As to the amendment of the Member for Newcastle, it
is a sham amendment. He knows perfectly well the sort of
people among whom he is sitting. He knows they have not
238 AN UNEXPECTED CHECK [CHAP, xx
the courage for a real rebellion, so he proposes an amend-
ment, on which he says, " We will refrain from expressing
an opinion on the conduct of Her Majesty's Government."
Why does he refrain from expressing that opinion, if he can
express an opinion in favour of the Government ? Sir,
if he thought there were fifty members of this House who
would support him in that opinion, he would be delighted
to recognise those public and private ties of which he spoke
so feelingly on Monday last. It may be that he does not
himself approve of the conduct of the Government ; but if
he does not approve it, why does he not say so ? Because
he knows the sort of party by whom he is surrounded. The
fact is, this is a sham amendment. It is said, and I believe
with some truth, that the intention of some members of
the Radical section is to vote for this amendment, which
they are quite sure will be defeated, and then to vote for
the Government against the resolution of the right honour-
able baronet one vote for their consciences, which they
take care shall have no effect, and one for their party ; so
that they will secure the continuance in power of a Govern-
ment which, so far as we know, is committed to a course
of wanton and objectless bloodshed ; and having by their
votes made it possible that this course should be pursued,
they can go down to their country constituents proudly
claiming to be the friends of peace and freedom, and appeal
for their justification to the division list which records
their votes on this futile amendment. 1
This was exactly what took place.
There were nearly 600 members in the divisions. Mr.
Morley's amendment was negatived by 450 to 112. Sir
Stafford Northcote's motion was rejected by the slender
majority of 14 (302-288), Mr. Forster and Mr. Goschen
voting against the Government.
For a few days it was uncertain whether the Government
would resign. There had been an understanding in the
Cabinet that resignation would follow if their majority did
not exceed fifteen, but Mr. Gladstone was resolute to con-
tinue the struggle, and his will prevailed. For three months
he fought on with splendid courage and resourcefulness.
1 Selected Speeclies, p. 128.
1885] THE GOVERNMENT DEFEATED 239
Difficulties were daily increasing. A war with Russia was
at the last moment averted. On almost all political ques-
tions his colleagues were sharply divided, and it taxed
all his skill to prevent the resignations which were daily
threatened. But the end came as soon as Ministers had to
decide upon their Irish policy. The question of the renewal
of the Coercion Act had to be dealt with at once, and was
their most pressing difficulty.
I was in my place in the House on the occasion when
Mr. Gladstone gave notice that the Government proposed to
continue various provisions of the Crimes Act which they
deemed to be valuable and equitable. I saw Mr. John
Morley at once leave the House, and in a few minutes he
returned and read from a written notice that if proposals
were made for the renewal of exceptional law he would
move their rejection.
This notice was the death-warrant of the Government.
Extraordinary efforts were made by Mr. Gladstone to secure
agreement in the Cabinet upon Irish policy, but they failed.
The end came somewhat unexpectedly on June 8th. An
amendment to the Budget condemning the increase of
duties on beer while wine was left untouched, and an increase
of taxes on real property while no relief was given to rates,
was moved on that evening by Sir Michael Hicks-Beach.
The debate was rather dull, and there was no great excite-
ment in the House. Mr. Gladstone, closing the debate,
made a strangely vague and inconsecutive speech, which
seemed quite needlessly prolonged, and was finished with
singular abruptness. I was sitting just opposite to him
on the second Opposition bench, and I noticed that the chief
Government Whip, Lord Richard Grosvenor, came into the
House and slipped into a seat close to him and said some-
thing to him. Thereupon Mr. Gladstone's manner suddenly
changed, and he snapped out his closing sentence : " This is
a question of life and death. As such we accept it, and as
such we do not envy those who, if they gain the victory,
will have to bear the consequences/'
Then we went to the division, and as I joined Hardinge
240 AN UNEXPECTED CHECK [CHAP, xx
Giffard and walked down the House I said, " We are going
to beat them to-night/'
" Oh no/' said he ; "we know the numbers in the House,
and there are not quite enough of us."
I told him what I had noticed, and that I felt sure that
Lord Richard had told his chief that we should win.
" Then," said Giffard, " you and I will be in office together
in a fortnight," and we went on to the Lobby.
When the paper was handed to our Whip there was a
tremendous shout, sharply checked for the numbers to be
heard. For the Government, 252 ; for the Opposition, 264.
Then came the shouting again. Randolph Churchill jumped
up on the seat and waved his hat in triumph. And the
loudest cheering came from the Irish Nationalists. Mr.
Gladstone amid the storm had taken a writing-pad on his
knee, and was writing his letter to the Queen.
It was an arranged defeat. Lord Spencer had come over
from Ireland that morning, and for nearly two hours that
afternoon the Cabinet had been struggling in vain to find a
solution of their difficulties. There were enough of their
followers in the House to have given them a majority, but
to some twenty-five of them a hint was given that they
need not come back after dinner, and Lord Richard
Grosvenor's whisper reported that a defeat had been secured.
The faithful Liberals who had assisted the Government
to commit the happy dispatch were very scurvily treated.
The Pall Mall Gazette printed a " black list " of sixty-one
who were absent from the division, with such excuses as
some of them chose to give, and The Daily News fell upon
them furiously. It was only a few months later that a
Liberal Whip (R. W. Duff), speaking at Banff, let out the
true story.
The resignation of the Ministry was announced next day,
but the Queen was at Balmoral ; personal interviews were
necessary ; and Her Majesty determined to return to town,
but did not arrive in London until June lyth. Meanwhile
speculation had been busy with the question whether Lord
Salisbury would accept office, and with the appointments
1885] THE NEW LAW OFFICERS 241
likely to be made if he should do so. As early as June loth
The Daily Telegraph mentioned me as the new Attorney-
General, and the same forecast was given in The Daily News
of the following day. The first announcement in The Times
that a new Ministry had been formed appeared on the
i8th, and gave the names of the Cabinet, and added, " It
is rumoured with considerable confidence that Mr. Edward
Clarke and Mr. Gorst will be the new Law Officers." The
announcement of my appointment was repeated in The
Pall Mall Gazette that evening. The next day a new name
was introduced. On the i8th Sir Hardinge Giffard had
returned his briefs, and Richard Webster had gone to
Launceston to arrange his candidature for the seat thus
to be vacated.
And on the iQth the Press Association circulated the
statement that Webster was to be Attorney-General and
Gorst Solicitor.
But for ten days longer the matter remained in doubt.
Macnaghten expected, with good reason, that he would
be Attorney-General. He was senior to both Webster and
myself ; he had a large practice and a safe seat. I did
not know until many years later that he had been offered
a judgeship by the Liberals and had refused it at the request
of his party leaders.
While the legal appointments were still unsettled Giffard
came to Macnaghten and asked him to accept the Home
Secretaryship, promising him the reversion to the Chancel-
lorship. But Macnaghten had many children, and he did
not think the promise was quite certain of fulfilment, so he
refused and remained in the House of Commons until in
1887 he was appointed a Lord of Appeal. His doubt was
prudent ; twenty years later Lord Halsbury was still the
Lord Chancellor of a Unionist Government.
The uncertainty continued, and meanwhile the Plymouth
Liberals had a crowded meeting at their club on the 2oth
to make preparation for a contest in the event of my
appointment. My friends there were naturally uneasy,
and pressed me for information. I had none to give, and
242 AN UNEXPECTED CHECK [CHAP, xx
had no communication with our Whips or with any of our
leaders. I believed I was entitled to office, but I did not
mean to ask for it.
For another week no definite appointments were made,
and in the complete list of the new Government which
appeared in The Times and The Pall Mall Gazette on June 26th
the names of Webster and Gorst were given as the Law
Officers, but a note of interrogation was appended to each.
On that day I wrote to Lord Salisbury, saying that Webster's
appointment would be a public affront to all the Queen's
Counsel on our side of the House of Commons, and that
it would result in the disaffection of supporters of the Con-
servative cause now in the House, and it would be a severe
blow to the interests of the party at the General Election.
By the same post I sent a copy of the letter to Webster.
Lord Salisbury sent me a very friendly answer, defending his
action and saying in its closing sentence :
I much regret that these considerations under the par-
ticular circumstances of the case have not allowed me to
ask for your official aid as yet. But you have a long future
before you, and under any political circumstances you
cannot have long to wait.
My friendship with Webster did not moult a feather. He
was a man of high and generous nature, and to the end of
his life our close and intimate friendship remained undis-
turbed. I have reason to believe that Lord Salisbury per-
sisted to the last in wishing to appoint me Solicitor-General.
He wished Gorst to have departmental office, and the
Under-Secretaryship of the Home Office was kept open for
him. But Lord Randolph insisted on his having the more
valuable appointment, and on June 2gth The Times defi-
nitely announced that Webster and he were the Law Officers,
and that evening The Pall Mall Gazette reported a new
appointment that of Mr. Stuart-Wortley as Under- Secre-
tary for the Home Department.
I have dwelt upon these details, for this was the most
important incident in my public life. For the first time
1885] A SERIOUS DISAPPOINTMENT 243
my junior was preferred before me. And there he always
remained, blocking my way.
But for his action I should have been Attorney-General
in 1897 ; but for him I believe I should have been Lord
Chief Justice in 1900. Any feeling of soreness has long
passed away. As I said in my farewell speech to the Bar,
I have no reproaches and no regrets. My life has been
too prosperous and too happy for them to be possible. But
I saw at the time what the consequences might be, and I
seriously resented what I felt to be a public affront.
Of course my personal disappointment could not affect
my political allegiance. My admiration and regard for
Lord Salisbury and my devotion to Tory principles were
quite unimpaired, but my connection with the party organ-
isation was severed at once. I resigned my seat on the Council
of the National Union, on which I had served for eighteen
years, and although the Council passed a resolution urging
me to withdraw the resignation I refused to do so.
The most important consequence to me of that incident
was that it seriously weakened my political position at
Plymouth and my expectation of an easy victory at the
General Election, which we knew would come in November.
If I had been appointed, I have no doubt that I should
have been returned without a contest. The Liberals had
no candidate ; the time would have been too short to find
and introduce a new one. Many in their own ranks would
have thought it ungenerous to oppose me ; and if a candi-
date had been ready he would have been reluctant to
fight an unpromising contest at the end of June, with the
certainty of having to fight again four or five months later.
But my exclusion from office was made use of by my
opponents and disappointed and disturbed my supporters.
The idea was put about that either my seat was known to
be very unsafe (and a doubt was suggested by The Daily
News) or that there was something against me which dis-
inclined my leaders to give me oifice. And when I went
to Plymouth I found a perceptible lessening of confidence
among my best friends.
244 AN UNEXPECTED CHECK [CHAP, xx
The stop-gap Ministry stumbled through the rest of the
session, and in October Parliament was dissolved.
My retirement from the National Union did not lessen
my platform activity, and during the month of October I
was very busy in the west of England. Beginning with
the meeting of the Plymouth Conservative Association on
October 7th, I spoke in that month at Liskeard, Penzance
(twice), Plympton, Torquay, and St. Austell, and during the
Plymouth election I found time for meetings at Devonport
and Ivybridge, and for a Tavistock Division meeting at
Plymouth.
Our own contest began with the issue of election addresses
by Sir Edward Bates and myself. My old friend Edward
Pinches went down with me as our election agent, and
but for his ability and tact and absolute devotion to my
interests the struggle might have ended in my defeat. As it
was I could not help seeing that our opponents seemed to
gain in confidence day by day, and in certain wards of the
town our friends confessed themselves uneasy. The polling
day, November 24th, was a day of very hard work and
much anxiety. With some difficulty I persuaded Sir Edward
Bates to adopt my practice and start driving about the
town from one committee-room to another as soon as the
poll was opened at 8 o'clock, and this we continued until
four in the afternoon. Then he was tired and had to rest.
I was tired too, and my head was aching badly, but 1 set
off on another round.
At each committee-room I examined the returns and had
slips made out with the names of voters who had promised
to support us and were not known to have voted, and
pressing many friends into the service sent off each with
one name, charging him not to rest until he had brought
that voter to the poll.
This tinal effort arranged for, there was nothing more 1
could do, and I went back to my hotel for a few hours of
quiet. The poll closed at eight, but there were 8,500
votes to be counted ; 250 ballot papers had to be submitted
to the Mayor's decision, and an incident which occurred
1885] A NARROW VICTORY 245
during the counting caused Mr. Pinches to be very strictly
observant. The ballot papers, when examined, were tied
up in bundles of fifty, and he noticed one bundle lying on
a form by one of the Liberal counters. It was a bundle
of votes given for me, but, whether by accident or design,
a vote for another candidate was put at the top of the
bundle, and the effect would have been to make a differ-
ence of a hundred in our respective numbers when the
returning officer obtained the result by counting the
bundles.
Just after midnight the poll was declared : Bates, 4,354 ;
Clarke, 4,240 ; Macliver, 4,132 ; and Brett (afterwards the
2nd Viscount Esher), 3,968 ; and in returning thanks from
the window of the Globe Hotel I was able to announce that
at Devonport both Conservatives had been returned, and
that Henry Northcote had been re-elected for Exeter.
It was a narrow victory, and the effort had been almost
too much for me. My wife had been at Plymouth helping
me throughout the contest, and the next morning she
brought me back to London by an early train in very
poor condition. We went at once to my old friend Sir
Richard Quain, and he sent me down to Hastings, with
directions like those which Sir William Jenner had given
me in 1880. It was difficult to obey them for a few days,
for Hastings was in election turmoil ; the principal hotels
were full, and at the Albion I was wakened from much
needed sleep by the brass band and the shouting of Mr.
Inderwick's supporters, who passed in procession beneath
my bedroom window. Three weeks passed before my dear
wife's affectionate care had brought me back to health
and enabled me to resume my work in town, and to ex-
change condolences with my political friends on the defec-
tion of the counties, which destroyed the hopes excited
by the successes of the first few days of the elections, and
made it clear that the Conservative Ministry could not
continue in office.
CHAPTER XXI
THE BARTLETT CASE I l886
THE early months of 1886 were a time of violent political
unrest. An amendment to the Address to the Crown
placed Mr. Gladstone again in office ; but there was mis-
understanding as to the terms on which the Radical leader
entered the Cabinet. Lord Hartington would not join ;
Sir Henry James refused the Woolsack ; and before the
new Government was eight weeks old Mr. Chamberlain
resigned, and it became almost certain that Lord Salisbury's
forecast would be justified that, short as his Government
had been, this would be shorter still.
Unhappily for the country Mr. Gladstone's courage pre-
vailed over his prudence, and on April 8th the first Home
Rule Bill was introduced. I was at the House very little
during that debate, which lasted for five nights, for I was
busily preparing for the trial of a case which has always
made me rejoice that I was not made Solicitor-General in
1885. Six months of the dignity and emolument of that
office would have been dearly purchased if it had prevented
me from defending Adelaide Bartlett; and I had made up
my mind that, contrary to the practice of those who
had recently held legal office, I would not, while a law
officer of the Crown, appear for the prisoner in a criminal
case.
In the year 1875 Adelaide Blanche de la Tremouille, a
girl of nineteen years of age, the unacknowledged daughter
of an Englishman of good social position, was married at
Croydon to Thomas Edwin Bartlett, a grocer in business
at Lmlwich, eleven years her senior.
246
i886] GEORGE DYSOti 247
It was a strange union. The girl had spent her youth
at a French boarding school, from which she was brought
to England to be married to a man whom she only saw
once before the day of the wedding ; and it was arranged
that the marriage should be only a form, that she should
go to a convent school at Brussels for eighteen months to
complete her education, and that she should then return
to her husband, and be to him a companion and nothing
more. They lived together on this footing for six years,
and then at her desire for her life was lonely, and she
longed to have a child the agreement was broken and she
became pregnant. But the child was still-born, and the
old relations were resumed. In 1885 Mr. Bartlett' s busi-
ness had prospered, and other shops had been bought, and
they were residing in a private house at Wimbledon. There
they made the acquaintance of a good-looking young Wes-
leyan minister, the Rev. George Dyson, who was put in
charge of the chapel at Merton which they were in the
habit of attending. It was not long before he made love
to Mrs. Bartlett and found her entirely responsive. He
mentioned their mutual affection to the husband, and, so
far from meeting any objection, found him quite willing
to permit and even to encourage the intimacy. His visits
became more frequent ; he called her Adelaide and habitu-
ally kissed her in her husband's presence ; she visited him
at his lodgings, and they used to go for walks together.
Mr. Bartlett gave her to him ; spoke of the time when,
after his death, they would come together ; and in Sep-
tember altered the will he had made, which left his wife
the enjoyment of his property so long as she did not marry
again, by removing that restriction and appointing the
prospective husband sole executor.
In December Mr. Bartlett was ill, and was told that the
disease from which he suffered was making progress, and
that necrosis of the jaw had set in.
On Sunday night, December 27th, Mrs. Bartlett went
out with Mr. Dyson to post some letters, and during their
walk gave him a sovereign and asked him to procure some
24 THE BARTLETT CASE [CHA*. xxi
chloroform for her. The next day he went to three dif-
ferent chemists in Putney and Wimbledon, and obtained
from each a bottle of pure chloroform, saying in each case
that he had been down in the country at Poole, and had
got some grease stains on his coat, which he wished to re-
move. He thus obtained three bottles, containing together
about five ounces, and poured their contents into a large
bottle. On the Tuesday afternoon he went to Claverton
Street, Pimlico, where the Bartletts were then lodging.
Mrs. Bartlett went for a walk with him on the Embankment,
and in the course of the walk he gave her the chloroform.
On the Thursday night, New Year's Eve, some coals were
taken up to the Bartletts' bedroom, and Mrs. Bartlett told
the servant she would not be wanted again. About four
o'clock she aroused the household. Mr. Bartlett was dead.
The doctor, who was promptly called, believed from the
temperature of the body that he had been dead for three
hours.
Mrs. Bartlett told the doctor that she went to sleep at
the foot of her husband's bed in the easy chair in which of
late she had been sleeping, and had her left arm round
his feet, that she woke and heard him snoring, a peculiar
kind of snore, and dropped asleep again. Later on she
awoke and saw him lying on his face in an uncomfortable
position. He was dead, and the body was already cold.
No mention was then made of chloroform, and no bottle
containing any was found in the room. Mrs. Bartlett
wrote to Mr. Dyson that morning a letter which he subse-
quently destroyed, which he said asked him to come to
see her on the following day, the Saturday. He came, and
was in the house while the post-mortem examination was
being made, and learned that the doctors had failed to
discover the cause of death, and that the rooms were to be
locked and sealed and handed over to the coroner. The
next morning he went to preach at his chapel, and as he was
crossing Wandsworth Common he threw away the bottles
which had contained the chloroform he purchased. Mrs.
Bartlett still had in her secret possession the larger bottle
1886] STUDIES IN MEDICAL SCIENCE 249
which he had given to her, and four days later, when she
was going by train from Victoria to Peckham Rye, she
poured the chloroform on the rails and threw the bottle
into a pond.
The trial began on Monday, April I2th, 1886, at the
Central Criminal Court and lasted all the week. Sir Alfred
Wills was the judge, and Sir Charles Russell, as Attorney-
General, led for the prosecution, his juniors being Mr. Poland,
Mr. R. S. Wright (afterwards Mr. Justice Wright), and
Mr. Moloney.
The coroner's jury had found a verdict of wilful murder
against both Mrs. Bartlett and Mr. Dyson, and they had
both been committed for trial on that charge. I was re-
tained to defend her, with Mr. Mead and Mr. Edward Beal
for my juniors, and Frank Lockwood and Mr. (now Sir)
C. Mathews were Counsel for Dyson.
It was evident that, as in the Penge case, questions of
medical science would be of supreme importance, so I post-
poned some cases and returned other briefs, and spent a
week or ten days in studying at the British Museum or in
my own library all that was known about the qualities and
effects of chloroform and the methods of its administration.
During the week of the trial I read nothing but the
papers in the case and the medical books. I drove down
to the Old Bailey every morning, and when the Court rose
in the afternoon drove straight back to Russell Square ;
then went for an hour's walk round the Regent's Park or
up to Hampstead or Highgate; and then, after a light
dinner, spent the evening in preparing the cross-examina-
tion or speech for the following day.
I cannot give space here for a full account of the trial.
Soon after its close I published a full report, the medical
evidence being carefully edited. Sir Charles Russell cor-
rected the proofs of his speech, and Sir Alfred Wills those
of his summing up, and I believe the volume to be the
most complete report of an English murder trial, and to
doctors as well as lawyers one of the most useful. 1
1 The Trial of Adelaide Bartlett, Stevens & Haynes.
250 THE BARTLETT CASE [CHAP, xxi
It began with a remarkable incident. At the sitting
of the Court on the Monday morning an application was
made by the counsel for Dyson, and was supported by
me, that the two prisoners should be tried separately, a
course the propriety of which was at once admitted by the
judge and the Attorney-General.
But Sir Charles Russell then made the unexpected an-
nouncement that the Crown did not intend to proceed with
the charge against Dyson, but proposed to call him as a
witness against Mrs. Bartlett. A verdict of " Not guilty "
was then taken in his case, and he was released from
custody.
The next day he appeared in the witness-box. He told
in detail the history which I have just given in outline of
his acquaintance with the Bartletts, and of the strange
relations which had grown up between him and both of
them. I need hardly say that the task of cross-examining
him was one of the most delicate and difficult I ever had.
Quite as important was the cross-examination of the five
medical witnesses, chief among whom were Dr. Stevenson,
who had been the principal scientific witness in the Penge
case nine years before, and Dr. Meymott Tidy.
They were perhaps the greatest living authorities upon
the qualities of chloroform and the methods and effect of
its administration. I cross-examined Dr. Stevenson at
great length, and at the end had made so much progress
that I ventured to put to him this question :
Now, suppose you had to deal with a sleeping man,
and it was your object to get down his throat, without his
knowing it, a liquid the administration of which to the lips
or throat would cause great pain, do you not agree it would
be a very difficult or delicate operation ?
A. I think it would be an operation which would often
fail, and might often succeed.
Q. Would you look on it as a delicate operation ?
A. I should look on it as a delicate operation because I
should be afraid of pouring it down the windpipe.
Q. That is one of the dangers you contemplate ?
1886] A CROSS-EXAMINATION 251
A. Yes.
Q. If it got into the windpipe, there would be spasmodic
action of the muscles, would there not ?
A. At the stage when you had come to the conclusion
that you could do it, when there is insensibility or partial
insensibility, the rejection of the liquid by the windpipe
would be probably less active than when the patient was
awake.
Q. If the patient got into such a state of insensibility
as not to reject it, it would go down his windpipe and burn
that?
A. Probably some might go down his windpipe.
Q. It would probably do so ?
A. Probably.
Q. If it did so, it would leave its traces ?
A. I should expect to find traces after death unless
the patient lived some hours.
Q. Of course a great many post-mortem appearances are
changed if the patient lives some hours.
A. Yes.
Q. Not only by the chloroform disappearing, so to speak,
but also other changes incidental to a post-mortem condition.
A. Yes.
Q. And if the post-mortem examination had been per-
formed, as Mrs. Bartlett wished it to be, on the very day
on which death took place, there would have been still
better opportunity of determining the cause of death ?
A. Yes.
I have always thought that these questions and answers
were the turning-point of the case.
I do not think any one who has not been through it him-
self can realise the mental strain of the last day of a trial
for murder upon the counsel for the defence. As he listens
to the reply for the Crown and to the judge's summing up,
he finds little comfort in the thought that he has done his
best, and that the responsibility for the result lies not so
much with him as with the judge and the jury. He hears
the arguments he has pressed most strongly answered in
the reply, perhaps ignored or made light of in the summing
up, and he cannot help feeling that there may have been
252 THE BARTLETT CASE [CHAP, xxi
some failure on his part of clearness or of force, and that
an adverse verdict and the inevitable sentence may pos-
sibly be the consequence of that failure.
The week was to me one of very great strain. I made
a point of being at my place in court every morning before
the judge came in, so that when the fragile, pale little
woman came up the prison stairs to take her place in the
dock she should see in the crowded court at least one
friendly face. One morning she sent me a pathetic little
note :
MONSIEUR, I am very grateful to you, although I do
not look at you.
As the days went on public excitement grew; and on
Saturday morning there were restless crowds in the Old
Bailey, and the quiet tones of the judge were sometimes
disturbed by the tumult outside.
On the Saturday I sat for five hours listening to Sir
Charles Russell and Mr. Justice Wills, recognising the
strength of the one and the scrupulous fairness of the other,
yet quite unable to free my mind from the apprehension
that the life of Adelaide Bartlett might be in the greater
peril through some defect of mine. Then when the sum-
ming up was over there were two hours of tense anxiety.
A little before 3 o'clock the jury went out to consider
their verdict. An hour passed slowly. Then they came
back ; but not to give a verdict, but to ask a question
which seemed almost trivial. They wanted to know what
time the people of the house went to bed on the night that
Mr. Bartlett died. The question was answered; and we
were left to guess on which side of the balance of their
judgement the answer would weigh. The crowded court
rustled, and sighed, and talked in nervous and excited whis-
pers for another hour, and then they came again, and the
prisoner, deadly pale but strangely calm, was brought back
to the dock to hear her fate.
But instead of giving a direct answer to the question,
1886] NOT GUILTY 253
" Do you find the prisoner, Adelaide Bartlett, guilty or
not guilty ? " the foreman reads from a paper :
We have considered the evidence, and, although we
think grave suspicion is attached to the prisoner, we do
not think there is sufficient evidence to show how or by
whom the chloroform was administered.
" Then you say the prisoner is not guilty ? "
" Not guilty."
Before these formal words were spoken the sound of
cheering in the streets made it difficult to hear them, and
then the cheering was taken up in court, and for several
minutes the angry remonstrance of the judge could not be
heard.
For the first and the only time in my fifty years of advo-
cacy the suspense, and emotion as I saw my client go from
the dock to freedom broke me down. I found myself
sobbing ; I dropped my head on the desk before me, and
some minutes passed before I regained my self-control.
Then came the hour of triumph. When I had unrobed and
came down to the courtyard, I found the jury waiting at
the foot of the steps to shake hands with me and to
congratulate. When the gates were opened to let my
brougham out, a cheering crowd came round me and ran
beside it, shouting, up the Old Bailey and along Holborn,
while the passers-by on foot, or on the omnibuses, took
up the cry.
I went to the Lyceum that night to see Henry Irving
and Ellen Terry in Faust, and I was cheered when I entered
the theatre.
The results of a conspicuous success such as this do
not show themselves in professional advancement only : my
name had become more widely known than ever before,
and I felt the assistance of this during all the political
activities of this eventful year.
I was soon busy with platform work. An assurance had
been given to Lord Hartington that, in the event of the
rejection of the Home Rule Bill and a consequent appeal
254 THE BARTLETT CASE [CHAP, xxi
to the constituencies, the leaders of the Tory party would
use all their authority to secure the re-election of any
Liberal member who voted against the Bill. I think I was
one of the first persons authorised to declare that policy.
Among the Liberal members in the West of England there
were many whose party loyalty was given rather to Lord
Hartington than to Mr. Gladstone, and a meeting was
arranged at Plymouth for April 2gth, when I urged the
strict adherence to this pledge of support. I said:
So long as the question before the country is a clear
and distinct issue of the maintenance or overthrow of the
unimpaired authority of the Imperial Parliament, so long
I will gladly go upon the platform to speak for any Liberal
who has had the courage to imperil his whole political career
by taking up a course of patriotic duty. 1
In May came the decisive debate and division. In the
debate I followed Henry Campbell-Bannerman. Its issue
was uncertain until almost the last hour, but when the
division was taken ninety-two Liberals voted with the
Opposition, and the Bill was rejected by a majority of
thirty.
The expected dissolution followed, and I of course
became very busy. We had little trouble at Plymouth.
The Radicals were determined to fight, but they had much
difficulty in finding candidates, and eventually found a
very poor pair a respectable baronet from Somersetshire,
and a Liverpool linen-draper who had become a barrister,
not nearly so respectable. Both Mr. Parnell and Lord
Hartington thought it worth while to come down and speak
at Plymouth. We lost two or three hundred Roman
Catholic votes, but this was far more than counterbalanced
by the body of moderate Liberals who under the leadership
of Mr. John Shelly obeyed Lord Hartington's directions,
and came over to the Unionist camp.
We only had one election meeting at Plymouth, but I
was busy every evening speaking in one of the neighbour-
1 Public Speeches, 1880-90, p. 103.
i886] SOLICITOR-GENERAL 255
ing constituencies, generally in support of a Liberal mem-
ber who had voted with us and for whom we wanted to
secure full Conservative support. Our own polling brought
us a remarkable victory. The majority of 108 nine months
before now became a majority of 882, and this time I
headed my colleague by a few votes, and so became senior
member for Plymouth. The numbers were : Clarke, 4,137 ;
Bates, 4,133 ; Stephens, 3,255 ; and Strachey, 3,175.
I came at once to town, but as soon as the election tur-
moil was over went quietly back to my work in the Courts.
I had taken for a few weeks a pleasant house at Staines,
the vicarage of the then undivided parish; and when the
sweeping Unionist victory brought Lord Salisbury back
to office, and discussions began again as to appointments in
the new Ministry, I carefully absented myself from the
political clubs. But this time I was not passed over.
Randolph Churchill was to be Chancellor of the Exchequer
and to lead the House of Commons, and he said he would
not do this if I were sitting behind him as a private mem-
ber. So it was arranged that Gorst should take political
office. I went down to Staines on the evening of August 2nd,
and as I was walking to the vicarage my wife met me with
a letter from Lord Salisbury.
20, ARLINGTON STREET,
August 2nd, 1886.
DEAR MR. CLARKE,
Sir John Gorst has intimated his preference for a
political career, and has accepted political office.
Under these circumstances I naturally turn to you in the
hope that you will accept the office of Solicitor-General
in the Government which I am forming. We shall be
very glad of the assistance of your great parliamentary
powers in the hard battle which lies before us.
Believe me,
Yours very truly,
SALISBURY.
It was a satisfaction to me when I met Lord Randolph
to hear him say, " Why, wherever have you been, Clarke ?
We did not know what had become of you."
256 THE BARTLETT CASE [CHAP, xxi
I went down to Plymouth for re-election, and was
returned unopposed. It was my sixth election in six years
and a half, and the first which was uncon tested.
The election was declared at 2 o'clock ; I caught the
train at eight minutes past, dressed in the railway carriage,
and went straight to the Mansion House, where the Lord
Mayor was that night entertaining the new Ministers.
When I entered the Egyptian Hall, Lord Salisbury was
speaking, and was interrupted by a burst of cheering.
" What is it ? " he asked of his neighbour. " Your new
Solicitor/'
A very pleasant incident came a little later which may
fitly close this chapter. The Mayor of Plymouth, Mr.
William Algar, was a Liberal, but he immediately suggested
that all political parties should join in giving me a public
dinner of congratulation on my appointment. The sug-
gestion was very cordially accepted, and on October iQth
300 of the leading townsmen sat down to dinner in the
fine Guildhall ; my wife and a crowd of ladies looked down
from the gallery ; and my heart filled with pride and grati-
tude when I felt I had achieved one of the ambitions of my
life, and that in securing the unstinted confidence of my
political friends I had not forfeited the personal goodwill
of my keenest opponents.
CHAPTER XXII
SOLICITOR-GENERAL : 1886-1890
I THINK I cannot do better than begin this chapter by
quoting a few sentences from my speech at the dinner
which I have just described.
Mr. Mayor, the office to which I have been appointed is
not in itself an essentially political office. Its duties are
very varied and are very important. The Law Officers have
to advise the Government of the day upon the interpreta-
tion of treaties ; they have to advise upon the Acts which
regulate the powers and authority of municipal bodies and
bodies of local government in this country. They are
constantly consulted with regard to the rights of British
subjects in foreign lands, and the rights of foreign subjects
who come within our territories. In Parliament their
action is not of a distinctly political kind. It is their duty
to advise the Government of the day with regard to all
measures which deal with the administration or the im-
provement of the law, and to take charge and conduct of
these measures in the House of Commons. It is their
duty to acquaint themselves with all the proposals that
are made by private members in the House, and to advise
the Government with regard to the effect of those Bills
upon the law and as to their compatibility with the system
of legislation and the policy which has been adopted. And
I am very glad to believe that in Parliament my work will
be but little connected with the controversies of political
parties. Unfortunately, for years past, measures which
involve no party questions at all have been Ipst and have
gone to pieces on the shoals and quicksands of the diffi-
culties of parliamentary life. There they remain pro-
posed sometimes by one party, sometimes by another,
but never carried into effect ; and it is my hope as I
57
258 SOLICITOR-GENERAL [CHAP,
know it is the hope of my friend and colleague, the Attorney-
General that we may be able to rescue some of those
proposals from the disasters which have befallen them,
and to carry into effect some useful measures for the ad-
vantage of the country.
There is another duty which falls on the Solicitor-General,
along with the Attorney-General. They are the leaders of
the Bar.
It is a proud position, and it involves great responsibility.
They have the right to assert for the Bar, and with all
respect to defend and insist upon, the right of the Bar to
fair and courteous audience on the part of the judges ;
and, on the other hand, it falls upon them, as one of their
great duties, that they shall in their own conduct set an
example to the Bar which they have the honour to lead
that they shall show by their own act and deed that it
is possible, as I am sure it is, to combine the most zealous
and industrious advocacy as an advocate at the Bar
with the most scrupulous and delicate sense of honour
that ever was felt by an English gentleman. Sir, these
are great duties and great responsibilities, and I am glad
indeed to be strengthened in undertaking them and in
advancing on that work by the sympathy and support
of the brilliant gathering of Plymouth men who are met
now within this hall.
I should be untrue to myself, and I should be untrue to
those who have trusted me and honour me to-night, if I
did not look upon this appointment which I have received
rather as a means of doing public service than as a mere
gratification of individual ambition. Of course it is the
gratification of ambition. No man could have worked as
I have worked since I came to the Bar and not feel what
I will not say is pardonable for I will not think it needs
to be pardoned but will not feel a personal gratification
in attaining to the position which has been given to me.
But I hope and believe that I prize that position chiefly
because it takes me away, as it were, from the mere work-
ing for myself, to a position which may give me the oppor-
tunity of doing something which may be valuable to my
profession and valuable to my fellow-countrymen.
And if I were to neglect any opportunity of doing public
service, I should be not only untrue to my own ideal and
untrue to that opinion which you have formed of me, but
1886-90] LAW OFFICE 259
I should be most ungrateful to that Providence which
has pursued my course since I was called to the Bar
with unexpected and unlooked-for opportunities of success,
which have not been given to others as worthy of such
opportunities as I myself could possibly have been. It is
in that spirit and with those hopes that I have accepted
the office of Solicitor, and that I receive the kind and
generous compliment which you pay to me to-night.
For six years a longer period of office than any former
Solicitor-General had enjoyed I had to perform these
varied duties ; and I have often wondered how my colleague
and I were able to continue so long the heavy work which
during those anxious years was thrown upon us. At that
time the Law Officers were allowed to take private prac-
tice, but it was of course necessary for me to take some
means of reducing this, which in my case had risen to
9,500 a year, in order to prevent its interference with
official work. So I made a rule that in future I would not
take any brief with a smaller fee than one hundred guineas,
which might be, if the client desired, a brief fee of fifty and
a special fee of the same amount.
This rule saved so much trouble that when I left office
I still continued it, so that for twenty-eight out of my fifty
years at the Bar my minimum fee was one hundred guineas.
My average income for the six years was 17,500, of which
6,000 was the official salary, while the fees for Govern-
ment cases averaged about 3,000.
My relations with my legal colleague were very pleasant.
Webster was a man of extraordinary industry ; his patience
and courtesy never failed, and his business-like methods
lightened the burden of our very heavy work.
Our private practice was never allowed to interfere with
our work as Law Officers, and for regulating that work he
established a practical and satisfactory system. No Law
Officers' Department then existed, but a very capable clerk,
who afterwards became the Chief Permanent Clerk of that
Department, was engaged, and his salary was paid in equal
shares by my colleague and myself. He kept a register of
SOLICITOR-GENERAL [CHAP, xxn
all the papers sent to the Law Officers for their opinion in
non-contentious cases, which amounted to several hundreds
in the course of the year. The papers being received and
the date registered, they were sent alternately to the
Attorney and the Solicitor. When the opinion was written,
it was sent to Mr. Abbs, and he, noting the date of return,
passed it on to the other Law Officer. If he concurred in
the opinion he added his signature, and it passed again
through the hands of Mr. Abbs to the proper department,
the date of its delivery being duly registered. If the
matter required discussion we met at the Attorney-General's
room at the Law Courts or the House of Commons. I have
no record by me, but I think there were scarcely any cases
during our six years of office in which, however important
the question, the papers remained in our hands for more
than a fortnight. It is interesting to remember that the
case upon which we spent more time than upon any other
was a proposal by the German Government to establish
in foreign countries consular protectorates, and to give
to the tribunal of the protectorate jurisdiction over persons
of whatever nationality residing in the area of the Consu-
late. The proposal was of course rejected by the English
Government.
I think that during our time of office there was hardly
a single case on which, after discussion, we were not able
to write a joint opinion ; and as far as I remember the only
question on which we found it impossible to agree was
whether the expression " the coloured races " did or did not
include the Japanese. I held that it did.
Our first official consultation was an interesting one:
it concerned the case of Sir Charles Dilke.
At the first hearing of the Crawford divorce case Sir
Charles, the co-respondent, either because he and his coun-
sel, Sir Charles Russell, knew that the charge against him
was true, or in consequence of bad advice from Sir Henry
James and Mr. Chamberlain, did not tender himself as a
witness. And because there was no sufficient corrobora-
tion of the confession of Mrs. Crawford, the strange result
1886-90] SIR CHARLES DILKE 261
was that the jury found that she had committed adultery
with Sir Charles Dilke and that he had not committed
adultery with her. To the public mind the fact that Sir
Charles did not deny the charge appeared to be an admis-
sion of its truth. The immediate consequences to him,
political and social, were exactly the same as if he had
given evidence and not been believed. His advisers, curi-
ously enough, did not seem to have foreseen this, and,
Russell having become Attorney-General, an attempt was
made to rehabilitate Sir Charles Dilke by an intervention
of the Queen's Proctor, alleging that the verdict was con-
trary to the justice of the case, and that it was obtained
by the suppression of material facts. Of this second alle-
gation there was very little evidence. At the second trial
Sir Charles Dilke was the first witness called, and he gave
an entire denial to the charge of adultery, but after listen-
ing to witnesses on both sides for several days the jury
without hesitation found that the previous verdict was
not contrary to the justice of the case. Then it was sug-
gested that Sir Charles Dilke should be indicted for perjury.
At such a trial he could not give evidence, and so would be
saved from cross-examination, while the fact that he had
already denied the charge against him on oath would be
strongly pressed in his favour, and indeed was the very
foundation of the criminal proceedings, and the jury
would be told to give him the benefit of any reasonable
doubt. It was very unlikely that a jury would agree to
convict.
Sir Charles Dilke had written to Webster, and this was
the first case on which we consulted. Of course we refused
to go on with a sham prosecution instituted with the desire
and intention that it should fail.
Our early years of office were very laborious. The par-
liamentary session of 1887 was the longest continuous session
that had been known for fifty years. There were 130
evening sittings, and the House sat 280 hours after mid-
night, so that the average time of rising during the whole
session was about a quarter past two in the morning.
18
262 SOLICITOR-GENERAL [CHAP, xxn
These late hours were more trying to Webster than to
me, for our habits of work had been different. He had
been used to go to bed quite early, to rise at five or six,
to make his coffee and go to work, and spend a couple of
hours with his papers before going out for his morning
exercise. My habit, on the other hand, was never to go to
bed until I was absolutely ready for the work to be done
in court on the following day. I have often stayed up
working until three or four in the morning, and then slept
until the last moment which made it possible for me to be
punctual at consultation or in court. I used to find that
the facts and arguments I had been considering at night
arranged themselves in the mind in the hours of sleep.
The nearest approach I had to a personal difference
with Webster during our six years of office was when he
appointed a consultation for half -past eight in the morning
and I flatly refused to attend it.
The years from 1886 to 1892 were singularly free from
foreign troubles. But I remember three occasions on each
of which there was a short period of acute anxiety. One
day a message came from the admiral commanding on the
Pacific station, saying that he had news that an English
fishing vessel had been seized for some alleged violation
of treaty rights by an American ship of war, and that he
was starting to endeavour to intercept the vessels, resolved
to free the captured vessel by force if necessary. Another
time a fugitive accused of crime had taken shelter in the
house of our consul at Tunis, and the French authorities
demanded his surrender and threatened to take him by
force. On the third occasion a war with Portugal was
still more narrowly averted. I do not recollect the exact
reason of the quarrel. There had been difficulties about
certain oyster fisheries, and I remember the papers being
sent to the Law Officers for advice. On one paper was
endorsed in red in Lord Salisbury's very clear handwriting :
We may have to go to war with Portugal, but it will not
be about oyster-shells. S.
1886-90] THE MINISTRY IN DANGER 263
But whatever the cause we came to the very verge of
war. Arrangements were made by which in a few days
all the colonial possessions of Portugal would have been
seized. Admiral Fremantle was in command on the coast
of East Africa. Ships were summoned from other stations
to meet him, and he was instructed that at a certain date
his force should be assembled and the orders issued for
immediate action.
It was only on the very morning of the appointed day
that he received a message that Portugal had given way.
The relations between the two countries were for some years
strained and formal, and it was not until 1893, when
Sir James Fergusson was sent on a friendly visit to Lisbon,
that the customary presence of a British ship in the Tagus
was resumed.
Before the Government had been six months in office
an event happened which for a few weeks made it seem
very likely that we should prove to be what our opponents
had tauntingly called us a mere " Ministry of caretakers/'
Lord Randolph Churchill, who during the short autumn
session of 1886 had led the House of Commons with re-
markable and quite unexpected tact and dignity, was not
content with having ousted Sir Stafford Northcote from
the leadership of the House. There were yet two powerful
members of " the old gang " (to use his own phrase, which
has often proved useful since) to be got rid of Mr. Smith
and Lord George Hamilton and his sudden resignation two
days before Christmas compelled Lord Salisbury to make
immediate choice between his powerful new lieutenant and
two of his most faithful and experienced colleagues. The
Prime Minister did not hesitate. He gave no room for
discussion, and simply accepted the resignation.
For a time it looked as if the Government must fall.
Lord Salisbury evidently thought it in extreme danger,
for he made the strange offer to Lord Hartington to make
way for him and serve in a Cabinet of which Lord Harting-
ton should be the head.
The offer cannot have been made with any expectation,
264 SOLICITOR-GENERAL [CHAP, xxn
certainly not with any desire, that it should be accepted.
There had been sharper personal conflict between Mr.
Chamberlain and Lord Hartington than between either
of them and their former chief ; it was the clash of their
irreconcilable opinions that had broken up the Liberal
Government in 1885 ; and if Lord Hartington, with Lord
Northbrook and Lord Lansdowne, who were included in
the invitation, had become leading members of the Ministry,
Mr. Chamberlain and all that strong body of Radical
opinion which he represented would at once have found a
way of returning to the fold they had quitted. How great
the danger was very quickly appeared.
On the very day that Lord Randolph's resignation was
announced Mr. Chamberlain made overtures for reunion,
which were promptly accepted, and a little later Mr. Cham-
berlain and Sir William Harcourt, Mr. George Trevelyan
and Mr. Morley, met at the Round Table Conference. Cham-
berlain submitted to them his plan of National Councils
at Dublin and Belfast, or preferably one Council at Dublin,
with large powers of administration and certain limited
powers of legislation, subject to the approval, tacit or
expressed, of the English Parliament.
The reason that conference failed was the subject of
voluminous and quite unintelligible explanations by every-
body concerned. Whether the effective cause was a violent
article in The Baptist by Mr. Chamberlain, or a refusal by
Mr. Gladstone to sanction the continuance of the discus-
sion, will never be known probably both contributed to
the very definite result, which was an absolute and final
abandonment of every attempt at reconciliation. From
that time to the end of the Parliament more than five years
later, although the Whig and Radical leaders never ceased
to display on public platforms their differences with regard
to English politics, the whole body of their followers were
the loyal and steady supporters of the Ministry in its firm
enforcement of resolute government in Ireland.
And for several years Ireland occupied practically the
whole time of Parliament. It was not without some strange
1886-90] PARNELLISM AND CRIME 265
departures from the customary practice of the House of
Commons that after long struggle the Government suc-
ceeded in passing a Crimes Bill of exceptional stringency.
They were helped by the behaviour, always violent and
sometimes disreputable, of the Nationalist members, which
outraged the opinion of the country and irritated the
patience of the House.
In these Irish debates Webster and I took an active
share.
I think that the day on which I rendered my greatest
service to the Conservative party, excepting perhaps my
speech on the second Home Rule Bill in 1893, was May 4th,
1887.
Two months earlier The Times had commenced the pub-
lication of a series of articles on " Parnellism and Crime/ 1
which were intended to show that Parnell and his associates
were directly responsible for the murder and outrage which
had made it impossible to govern Ireland by any ordinary
law. For a time no specific charge was made against the
Irish leader ; but on April i8th, the day of the division on
the second reading of the Crimes Bill, there appeared in
The Times what purported to be a facsimile of a letter
written by Parnell in 1882, in which he made a sort of
apology for having condemned the Phoenix Park murders,
and said that, while he regretted that Lord Frederick
Cavendish had been accidentally killed, he admitted that
Burke got no more than his deserts.
Parnell spoke that night just before the end of the debate
and declared the letter to be a fabrication. But the
strange way in which he dealt with it made most of his
hearers believe that directly or indirectly he was responsible
for the document. He drew a sharp distinction between
the letter which was on the first page of the notepaper,
and which was not suggested to be in his handwriting, and
the few words, " Yours very truly, Charles S. Parnell,"
which were at the top of the fourth page, and which were
alleged to have been written by him. As to these few
words he said the signature was unlike his, and curiously
266 SOLICITOR-GENERAL [CHAP, xxn
enough pointed to its free and flowing character as evidence
that it was a forgery. As to the letter he said, " I certainly
never heard of the letter. I never directed such a letter
to be written. I never saw such a letter before I saw it
in The Times:' He said, " When I heard of the letter I
supposed that some autograph of mine had fallen into the
hands of some person for whom it had not been intended,
and that it had been made use of in this way. I supposed
that some blank sheet containing my signature, such as
many members who are asked for their signatures fre-
quently send I supposed that such a blank sheet had
fallen into hands for which it had not been intended, and
that it had been misused in this fashion, or that something
of this kind had happened/'
The House sat amazed. The Irish member (Mr. Har-
rington) who had called Parnell's attention to the matter
was nearly right in thinking that if that was the way his
leader was going to deal with the matter in the House
there was not an Englishman who would not believe that
he wrote the letter. 1 I remember the remarkable scene,
the strained silence while this curious speech was made;
and I know the almost universal belief was that he had
suggested the true explanation, and that a genuine signa-
ture had, with or without his knowledge and consent, been
used for the purpose of giving authority to the letter.
This belief deepened as time went on, and the Irish
leader took no step to vindicate himself. He brought no
action, he instituted no prosecution, he made no claim in
the House for an investigation by which his character
might be cleared. It is only fair to him that it should be
remembered that his inaction was in great measure due to
the urgent and persistent advice of Mr. Morley and Sir
Charles Russell and a third member of the House of Com-
mons, with whom he took counsel. But, by whomsoever
prompted, his conduct was generally taken as confirming
the opinion which had been suggested by his speech in the
House of Commons, and it was not until fifteen months
1 Lift of Charles Stewart Parnell, O'Brien, ch. ii, p. 199.
1886-90] A DIFFICULT SITUATION 267
afterwards, in circumstances hereafter to be noted, that the
question of his responsibility for this letter was reopened.
But a fortnight later, through the indiscretion of one of
its own supporters, the Government was suddenly brought
into a position of difficulty, and even of some danger.
There sat in the House Sir Charles Lewis, a dull, well-
meaning old solicitor, one of the steady, silent voters dear
to parliamentary whips, one of the last men from whom
any inconvenient independent action could be feared. A
couple of months earlier he, for long service rendered to
the party in electioneering matters, had been made a
baronet, and the hereditary dignity probably disturbed his
judgement, for on May 2nd, seeing in an article of The Times
a statement that Mr. Dillon, speaking in the House of
Commons, had untruly charged The Times with falsehood,
he resolved to bring the matter before the House by charg-
ing the editor of The Times with a breach of privilege.
He wrote to the Speaker, intimating his intention. He
wrote also to the Leader of the House, and Mr. Smith at
once wrote back, begging him to do nothing of the kind.
But it was too late. He had written at the same time to
Mr. Dillon. So on Tuesday, May 3rd, at the beginning of
the sitting, as a matter of privilege and without public
notice, he called attention to The Times article and asked
that it be read by the clerk at the table. This was done,
and the next step, if the House agreed that a breach of
privilege had been committed, would be to order the printer
of The Times, the article being anonymous, to attend at
the Bar of the House to receive sentence. The position
was embarrassing.
Our supporters were not present in full strength ; it was
from an old member on our own side that the proposal
came, and the result of a division was not quite certain.
Mr. Smith moved the adjournment of the discussion until
the Thursday. This Gladstone violently resisted, and a
majority of 39 in favour of an adjournment was only
secured by agreeing that the debate should be continued
the next afternoon.
268 SOLICITOR-GENERAL [CHAP, xxn
I had spoken after Mr. Gladstone in this debate on the
adjournment. Webster and I advised the Government
that the article did not constitute a breach of privilege,
and I was commissioned to propose an amendment in that
sense when the debate was resumed at noon the following
day. The House did not rise until after two in the morn-
ing, and from 5 o'clock until then I was at work in the
Library, examining precedents and previous debates. Be-
fore I left the House I finished my preparation, but I did
not get much time for sleep that night, as I had a good deal
of work to do after I got home, having next morning to
open a heavy case of alleged fraud in the promotion of a
public company, which took Mr. Justice Grove and a special
jury six days to try.
I opened my case and hurried down to the House. It
was a little before noon when I got there, and as I went
in I met Mr. Akers-Douglas. Said he, " The Ministers are
at Smith's room ; I think they mean to give way." I
asked to be allowed to go in, and I was admitted, and Mr.
Smith told me they had decided not to resist the motion
and to consent to the appointment of a Select Committee.
I said that of course I had no right to give an opinion, but
I hoped they would let me say a word or two before they
finally decided. I do not remember all the Ministers who
were present, but certainly Mr. Goschen, Lord George
Hamilton, and Lord John Manners were among them.
They invited me to speak, and I said a good many words
in a very short time. I pointed out what would inevitably
happen : that the first witness called would be the editor
of The Times ; that he would be called upon to state the
names of his contributors and his informants ; that ques-
tions would be asked which he certainly would refuse to
answer ; that every such refusal and every controversy
arising in the Committee would at once be brought up in
the House and be discussed as a matter of privilege. I
urged that no unanimous report could ever be expected,
and that the whole work of the session would be broken
up. To my great delight they gave way, revoked their
i886-go] THE END OF A BUSY DAY 269
decision, and sent me into the House to move the amend-
ment, which was eventually carried by 317 to 233.
A curious little incident occurred after I went into the
House.
Lord Randolph Churchill used to sit at the end of the
second bench above the gangway, and Ministers were ner-
vously anxious not to offend him, so they showed him the
terms of my amendment, which declared that the article
in The Times was not a breach of privilege. He said he
would not support it in that form, so it was altered at the
very moment I rose to speak into a statement that the
House declined to treat it as a breach of privilege.
The House rose at 6 o'clock, and an hour later I was at
Willis's Rooms at the dinner of the Royal Literary Fund,
where Lord Lytton was presiding, and there I proposed
the toast of the Literature of the United Kingdom, to
which Professor Mahaffy responded.
So, taking all things together, a good deal of work was
crowded into about thirty hours. And I feel quite certain
now that, if that proposal for a Select Committee had been
carried out, the Ministry would not have survived the
session.
In my speech, with of course specific instructions from
Ministers to do so, I repeated an offer made by the leader
of the House that if Mr. Dillon would move for a prosecu-
tion of The Times for libel to be instituted that motion
should be accepted, and, although the Attorney-General
must nominally be associated with the prosecution, the
whole conduct of the proceedings should be left to such
persons as he might nominate, the counsel who would
appear in court and the solicitors who would prepare the
case for trial.
The refusal of this offer deepened the general conviction
that Parnell and his associates had good reason for dread-
ing any public investigation.
With this debate and division any anxiety as to the
continuance of the Government passed away, and it became
clear that but for some unexpected accident they would
270 SOLICITOR-GENERAL [CHAP, xxn
remain in office until the end of that Parliament. By
the end of June the Crimes Bill had passed through the
House of Commons, and Mr. Balfour had in his hand the
power which he firmly and courageously used, and which
at once began to take effect in restoring peace and order
to the sorely disturbed parts of Ireland.
A month or two later an Act was passed for amending,
and in some respects extending, the Act of 1881, especially
by the admission of leaseholders to its benefits, and by
provision for the reopening and revision of judicial rents.
It could not be denied that this was the acceptance of a
policy which the Tory party had always opposed, and that
some of the proposals had been only a few weeks before
violently denounced by the Prime Minister and the Chief
Secretary. But their adoption was necessary for two reasons.
One was the extreme poverty, almost amounting to famine,
of large numbers of the small tenants in Ireland. The
other was that Lord Hartington and Mr. Chamberlain and
their followers had been responsible for the Act, which
had now been in force for seven years, and could have no
excuse for not pressing for its extension and amendment.
When I spoke at Plymouth on January 3rd, 1888, I
was able to say:
I am glad to know that order is being restored in
Ireland, that crime in that country is diminishing, that
the distresses of the people are being relieved, and that
industry and capital are gaining a little more confidence
now that they feel that there is a resolute protection behind
them in the people of this country.
Next year's session of Parliament was far more peaceful.
Two valuable measures an Employers' Liability Bill and
a Bill for permitting accused persons to give evidence in
their own behalf could not be passed, although valuable
time had been spent upon them : the foolish rules of the
House caused that time to be wholly thrown away. But
a Railway and Canal Traffic Bill of great usefulness was
passed ; and, much more important still, a sytsem of Local
1886-90] THE CHANNEL TUNNEL 271
Government was established for England which has amply
fulfilled the hopes of its framers.
Parnell had advised his followers not to obstruct English
legislation, expressing his belief that when this came to
be dealt with differences would arise which would tend
to dissolve the alliance with the Liberal Unionists which
gave the Government so strong a majority. There were
indeed some difficulties with regard to the licensing clauses
of the Local Government Bill, and those clauses had un-
fortunately to be abandoned ; but nothing serious happened,
and in July the old question of Parnell' s responsibility for
the letter which had caused so much excitement a year
before came back upon the House of Commons.
Before I pass to that subject I should like to refer to
the only occasion on which I gave a vote in the House of
Commons which was directly in conflict with my own
settled conviction. I had always been a supporter of the
project of a Channel Tunnel. On one or two occasions I
had, with my leader's consent, absented myself from the
House when a division was taken. But in 1888 Mr. Glad-
stone, who had hitherto opposed the scheme, declared him-
self a convert, and on June 27th vehemently supported a
Bill authorising its construction which was introduced by
Sir Edward Watkin. The Government opposed it, and
Mr. Smith, who was rather nervous about the result of the
division, said that now the leader of the Opposition had
made it a party question he must call upon me to vote
with my colleagues. In later years the country had great
reason to deplore the decision at which the House then
arrived.
There is another bit of work of mine at this time which
I should not like to leave without mention, for I hope the
time is at last coming when it may be found helpful in a
great and useful reform. I have long felt that the separa-
tion of the legal profession into two separate branches is
a real public mischief. I think it was a conversation with
Judah P. Benjamin, the great American lawyer who came
to the English Bar after the defeat of the Southern Con-
272 SOLICITOR-GENERAL [CHAP, xxn
federacy, that first convinced me of this. And my view
was strengthened by the concurrence of Baron Bramwell,
one of the finest judges I have ever known, and a man of
singularly clear and independent judgment. I had accepted
the presidency of the Birmingham Law Students' Society,
and on January i8th, 1888, I made " The Future of the
Legal Profession " the subject of my presidential address.
I then expressed the opinions which all my experience since
has strongly confirmed, and I hope the long-delayed reform
may yet be helped by the very careful statement which I
then made. I was amused on my return to town to get a
letter from Mr. Smith, nervous as usual, asking me to make
it clear that I spoke for myself, and not as representing
the Government.
In the early part of this year an action for libel, mys-
terious in its origin and its objects, was brought against
The Times newspaper. The plaintiff was Mr. Frank Hugh
O'Donnell, an Irishman of good family and much ability,
who had been a conspicuous supporter of Mr. Isaac Butt,
and was for a time a trusted follower and associate of
Parnell. This relationship had ceased in 1883, and in
1885 ne retired from Parliament.
He had been once or twice mentioned in the articles on
Parnellism and Crime, but not in terms which could reason-
ably be construed as suggesting that he had been guilty
of any wrong-doing.
He wrote to The Times correcting a statement which
one of their correspondents had made, and The Times com-
mented on his letter as being the correction of an immaterial
statement, while other statements which were definite and
important remained unchallenged. Thereupon he brought
an action. But he was only the nominal plaintiff. As he
himself has since stated, " Parnell presided over the whole
direction of the case." l It was Parnell who " instructed "
the solicitor to obtain discovery of documents, and dis-
cussed the employment of Frank Lockwood to lead in the
case and the payment of his fees out of the Land League
O'Donnell, History of the Irish Parliamentary Party, ch. ii, p. 239.
i886-go] A STRANGE TRIAL 273
funds. He went with the plaintiff's solicitor to the office
of Mr. Soames, the solicitor to The Times, to inspect the
documents which had been set out in the defendant's
affidavit; and there in the most important letter of all
they noticed the two mistakes of spelling, " inexcuseable "
and " hesitency," which put them on the track of the
forger, and were used by Sir Charles Russell with such deadly
effect when he came to cross-examine Pigott before the
Special Commission. It was not worth while then to spend
Land League money in briefing Lockwood, and a very able
junior, Mr. Ruegg, was entrusted with the case. A few days
before it came on Sir Charles Russell sent for him and urged
him on no account to put O'Donnell into the witness-box
until the case for The Times had been stated and its
evidence given. It had previously been arranged with the
solicitor that Parnell was not to be called as a witness
except in the utmost extremity, as he did not wish to be
cross-examined. It may be that he was reluctant to
appear as a witness because he knew of incriminating
matters which The Times had not found out, and feared
that his evidence might give the clue to their discovery,
and this was the explanation then current ; but it must
now be remembered that he was at this time living with
Mrs. O'Shea at Brighton, and although this was pretty
generally known he might well wish to avoid the risk of
their relations becoming the subject of public discussion.
The course of the trial before Lord Coleridge on July 3rd,
4th, and 6th, 1888, was as strange as the inception and con-
duct of the action had been. Mr. Ruegg, who on Sir Charles
Russell's advice had determined not to call the plaintiff
until The Times case was closed, inadvertently said that he
intended to call him in any event. Lord Coleridge, who
was trying the case, then pointed out that he ought to call
him at once, as there was no certainty that the nature of
The Times evidence would make his evidence in rebuttal
admissible. The judge pressed him hard, but Sir Charles
Russell sent him a note in court urging him to be firm
in his refusal. So after three witnesses had said that they
274 SOLICITOR-GENERAL [CHAP, xxn
understood certain libellous matter to refer to the plaintiff
his case was closed.
The course taken by the Attorney-General (Sir Richard
Webster) was equally strange. He began by saying that
he would ask the jury to decide upon the merits and the
evidence ; then he spent two days in reading the whole
of the articles headed " Parnellism and Crime" ; and then
said that as these articles were libels on other persons and
not on the plaintiff he would not call any evidence at all.
Thereupon the jury promptly found that there was no libel
upon the plaintiff, and the case was ended.
On the evening of that day Parnell made a statement in
the House of Commons, to which The Times replied, main-
taining its charges.
On the middle day of this trial I had been very busy in
the House of Commons in passing through Committee the
Oaths Bill, which has since prevented the recurrence in
Parliament or in the Courts of any such difficulty as had
led to the Bradlaugh controversy.
My work soon became much heavier, for before the House
rose an Act was passed setting up a Special Commission
to inquire into the charges made by The Times.
The Government were very reluctant to appoint the
Commission. They rightly held that it was for those who
complained of being falsely accused to vindicate themselves
in the Courts by action or by a prosecution. But the repe-
tition of the charges by the Attorney-General, and the
unexpected finish of the trial, had undoubtedly caused
some uneasiness in the public mind, and Chamberlain and
his friends pressed hard for an inquiry. The idea of a
Committee was rejected for the reasons I had successfully
urged in 1887, and a Special Commission was the only
alternative.
Webster was not in favour of it, and I was thoroughly
against it. He wrote to mefrom Scotland on September 3rd:
I have written to Smith to say that in my opinion I
ought not to appear before the Commission now that it
has taken its present shape. Every day I curse Chamber-
1886-90] MR. PARNELL'S TRIUMPH . 275
lain and the Unionists for their obstinacy, but perhaps
they are wiser than I am.
The Commission sat to settle its procedure on Septem-
ber I7th, 1888, and its work continued until November 22nd,
1889, the Report not being issued until February I3th, 1890.
But no great public interest was taken in the proceed-
ings after March 6th, 1889, when the grave charges against
Parnell had collapsed with the flight of Pigott, after he
had confessed that he was responsible for the forgeries by
which The Times had been deceived.
On the day that the counsel for The Times withdrew
the letters and all the charges founded upon them a remark-
able scene was witnessed in the House of Commons. I
quote my description of it from a speech I made at Ply-
mouth in 1891.
I witnessed not long ago, in the year 1889, one ver Y
remarkable scene. The Special Commission had been
holding its sittings, and during those sittings there had
been an investigation into what were known as the Pigott
letters, and the result of their investigation was that the
letters were admitted by Pigott himself to have been
forged, and Mr. Parnell was cleared, as the Commission
afterwards pronounced, of a charge of infamous conduct
which, if it had been proved, would have disentitled him
to be accepted as an ally or counsellor upon any question
of political affairs. But he was cleared of that charge in
the course of the Commission, and when he came into the
House of Commons that night one of the most remarkable
scenes which ever occurred in that House was witnessed.
As he stepped along the benches to his place the whole of
the Liberal party above and below the gangway rose to
do homage to him. There was the stately form of Sir
William Harcourt who looked inclined to wipe the stain
of Parnellite juice from the corners of his mouth bend-
ing in homage to Mr. Parnell ; and there, more remarkable
still, was that statesman of peerless accomplishments and
experience, Mr. Gladstone, leaning with his hand upon the
table, and turning and bowing towards Mr. Parnell. Sir,
it was an incident which might; have disturbed the balance
of mind of a smaller man. I saw Mr. Parnell standing
276 SOLICITOR-GENERAL [CHAP, xxn
erect among the whole standing crowd. He took no notice
of it whatever. He had not asked them to get up. When
they had finished standing up they sat down, and he
took no notice of their rising or their sitting down ; and
when they had resumed their places he proceeded to make
a perfectly calm and quiet speech, in which he made not
the smallest reference, direct or indirect, to the incident,
extraordinary as it was, which had just happened. I
thought, as I looked at him that night, that that man was
a born leader of men calm, self-confident, and powerful ;
and depend upon it that, so long as Mr. Parnell lives, he
is a living force with whom the Gladstonians will have to
reckon if they want to enter into alliances for the sake of
Home Rule. 1
From this period Parnell's position steadily improved
and that of the Government became more and more dim-
cult. There was no fear of their being ejected from office
on a party vote, for on any vital issue the Liberal Unionists
would always rally to their support; but the Nationalists
followed the wise advice of their leader, not to push Irish
questions to the front, but to find opportunities for em-
barrassing the Ministry in questions of English legislation.
In 1889 the Budget proposals as to the taxation of spirit
were skilfully used for this purpose. Meanwhile Parnell had
been publicly reconciled with Lord Spencer, and towards
the close of the year was invited to stay at Hawarden. The
tone of his speeches was greatly changed. On Decem-
ber i6th, the day before he went to be Mr. Gladstone's
guest, he made a remarkable speech at Nottingham, which
showed how far he had travelled since his speech at the
Boston Convention five years before. There he had said :
We will work as long as we have life for the consumma-
tion of that object for which our fathers worked, until we
have made Ireland a nation and given her a harp without
a crown.
Now at Nottingham he disavowed any desire for the
separation of the two countries, and said he would not ask
1 Public Speeches, 1890-1900, p. 7.
I886-9Q] A CONFERENCE At tJA^ARDEN 277
even for the restoration of Grattan's Parliament, because
that gave the Irish the power of separate action on mili-
tary matters. At Hawarden he had two hours' talk with
Gladstone on each of two successive days, and the Liberal
leader found him " one of the very best people to deal
with that he had ever known." He was at the top of his
fortunes. Welcomed in every gathering of English Liberals,
followed with obsequious loyalty by his own supporters,
received in friendly conference by the venerable leader of
the Liberal party, confident that they united would carry
forward to success the once defeated scheme, it looked
scarcely possible that anything could now stay his trium-
phant course.
But the punishment of sin was at hand. At the very
hour when the two statesmen sat together in the drawing-
room at Hawarden planning how to use the great majority
which their well-justified hopes looked forward to in the
next Parliament, which they thought could not be long
postponed, the first steps were being taken in the proceed-
ings which within eleven months were to drive him out into
the storm, outlawed by the Liberals, abused and insulted
by the men he had led, to struggle on for a few wild months
of frenzy and disease and then to pass to his grave.
I had no part in the case of O'Donnell v. Walter or in the
proceedings of the Special Commission, but in July 1889
I went to Manchester as counsel for the Prime Minister in
a very interesting case which gave me the welcome oppor-
tunity of cross-examining one of the most violent of the
Irish agitators. In the previous September Lord Salis-
bury, speaking at Watford and commenting on an incen-
diary speech made at Tipperary by Mr. William O'Brien,
charged him, in language of characteristic precision, with
having urged that men who took unlet farms should be
treated as they had been treated during the last ten years
in the locality in which he spoke, " that is to say, that
they should be murdered, robbed, their cattle shot and
ill-treated, and their farms devastated." Mr. O'Brien
brought an action, claimed 10,000 damages, and laid the
19
278 SOLICITOR-GENERAL [CHAP, xx.it
venue of trial at Manchester, where it was quite reasonably
supposed an impartial jury might be obtained. The plead-
ings had been completed before I was consulted, and when
I saw my brief I found that the first paragraph of the
statement of defence set out that the defendant was a
member of the House of Peers. The next paragraph stated
that his speech was a fair comment on matters of public
notoriety and concern. It appeared to be intended to
raise some sort of defence of privilege on the ground
of Lord Salisbury's rank and position. To this I at
once objected. I told Sir Richard Nicholson, Lord
Salisbury's solicitor, that the right course for the Prime
Minister was either to admit that he had been mistaken
and make a full apology, or to say that what he said
was true and that he was prepared to prove it. Sir
Richard said that had been considered, but that it was
felt that if a plea of justification were set up and failed
the damages would probably be enormous. He felt that
no such step could be taken without positive instructions
from his client. I asked to see Lord Salisbury, and we
had a long talk with him in his room at the House of Lords.
He listened attentively while the arguments on each side
were put before him, and then said that he wished that
the pleadings should be altered, and the question of truth
or untruth fought out, no question of privilege being
raised. This was done, and it was with a feeling of heavy
responsibility that I went to Manchester to lead for the
defence.
The trial began on July igth, the day on which Parnell
received the freedom of the city of Edinburgh, which had
been voted to him by the town council, although a plebiscite
of the municipal electors, privately taken, had shown an
overwhelming majority against it. My juniors were Ambrose,
Q.C. (then or afterwards M.P. for the Harrow division
of Middlesex, Danckwerts (who drew the original pleadings),
and Lord Robert Cecil, who had been called to the Bar
a few months before his father made the Watford speech :
a young junior counsel on the circuit was also briefed. On
1886-90] AN IMPORTANT VERDICT 279
the other side were Gully, Q.C. (afterwards Speaker of the
House of Commons, and later created Lord Selby), Big-
ham, Q.C. (afterwards President of the Probate Division,
and later Lord Mersey), two of the leaders of the Northern
Circuit, and a junior named Anderson. The judge was
Fitzjames Stephen, who in his prime was one of the finest
judges who ever sat on the English Bench. At this time his
powers were failing; and our anxieties were increased by
some peculiarities in his behaviour, which soon after became
painfully marked. Our first difficulty was with regard to
the jury, for public feeling in Manchester was very sharply
divided, and Gully and I both feared that the case might
have an unsatisfactory ending in the failure of the jury
to agree upon a verdict. However, we agreed that there
should be no challenges ; and the first twelve special jurors
called were impanelled to try the case.
The trial lasted three days. The plaintiff was called
and briefly examined in chief, and my cross-examination
filled five columns of 7 he Times. I stated our case, and
then we called witnesses, who gave evidence of a system
of intimidation and outrage and murder, of the most
cruel boycotting, of callous and inhuman behaviour to the
relatives of those who had been murdered, a story which
had never been told with such distinctness, and which, told
as it now was in brief consecutive narrative, made an
immense impression on the jury, and afterwards on the
country. We went on until Gully, seeing the effect that
was being produced, and seeing that cross-examination
only gave fresh force and emphasis to the evidence, ceased
to cross-examine, and admitted that there had been a
formidable number of outrages in Ireland. I had still
sixteen or seventeen witnesses to call, but I dispensed with
them, and after our closing speeches and the judge's sum-
ming up the jury went out to consider their verdict. They
had hardly time to go to their room to consult, for in six
minutes they were back in court with a verdict for Lord
Salisbury. The streets of Manchester were thronged, and
before I could get back to the Queen's Hotel the news-
2&> SOLICITOR-GENERAL [CHAP, xxn
paper boys were selling the reports of the closing scenes
in court as fast as they could hand out the papers from
the carts. Stephen went on to Liverpool to try Mrs.
Maybrick, and was hooted in the streets by the Irishmen.
A letter of warm thanks came to me from my grateful
client.
Lady Clarke was at the time staying at Hygeia House,
Staines, which I had rented for July and August. I of
course had to stay a good deal in town, and a few sentences
from my daily letters from the House of Commons may
relieve the dullness of a political narrative.
Tuesday, July 2$rd, 1889.
I have had my fill of praise and congratulation since
I came to town yesterday. The people here seem very
delighted and a little surprised at the Manchester victory,
and are very enthusiastic about it. I have been pretty
busy these two days. Yesterday I was fighting Henry
James in a will case, and beat him ; and to-day I have been
in Chancery for the Coal Consumers' Co., and have done very
well for them. . . . Last night I went to the St. Stephen's
Club to a dinner (private) at which Mr. Balfour was speak-
ing, but it was rather a hardworking sort of repast, for
three times the division bell brought us running over to
the House. We are getting to the end of the Scotch Bills,
but our opponents seem resolved to give us as much trouble
as they can.
August 2nd, 1889.
We are spending the evening here with little debate
and many divisions, and since I began this I have been
called away to one useless march round the lobbies. The
only interest about them is to see Mr. Gladstone, looking
terribly worn and tired, marching along among us, carrying
his blotting-pad and half-written letters with him, and
without a single one of his old colleagues to keep him com-
pany. 1 They are all staying away from the House, and
this last night of the session, as far as he is concerned (for
he goes to Hawarden to-morrow), he is quite deserted.
1 The divisions were upon the Tithes Bill.
1886-90] LIVELY TIMES IN THE HOUSE 281
August 6th, 1889.
DEAREST WIFE,
I have very nearly missed the post again this even-
ing, for about an hour ago I went into the House, and
thought I would stay and listen to the debate. The Irish
Estimates are on, and one MacNeill (we call him Pongo)
was raging away about the arrest of Father McFadden. He
sent me off into a sweet sleep on the Treasury bench, and
I do not know how long it would have lasted had not Sir
Herbert Maxwell woke me up for a business matter he
wanted to see me about. You would not have missed any
news. Percival will have brought you reports from Russell
Square, and Rosher l will have told you how little has been
doing in court.
But you can at least have a message of love from me.
My letter would be full of " yesterday " and " to-morrow "
the yesterday when I saw you and the to-morrow when we
shall meet again. But memories and expectations are
both of them too copious and too sweet for expression ;
so I only say, I look forward to being with my love as early
as I can to-morrow.
Ever fondly yours,
E. C.
August gth, 1889.
We are having very lively times in the House, and last
night were within an ace of having a free fight in front of
the Chair. Harrington threw down his hat, and stepped
out into the gangway with the full intention of rushing at
Balfour, but thought better of it just in time.
A good many of the Irishmen had had too much to drink,
and Parnell has gone off to Ireland to shoot grouse (I am
told), and left them with orders to keep up the fight.
August itfh, 1889.
We had a pretty lively evening here yesterday, for in one
division the majority was only four, and even that was
better than some of our friends expected. So you see my
vote was really of consequence. As I could not be with
you I honoured the day 2 by standing grouse and cham-
pagne to fifteen of my colleagues. When the birds were
1 G. B. Rosher, an old pupil, who helped me for many years,
3 Our wedding day.
282 SOLICITOR-GENERAL [CHAP, xxn
killed I do not know, but they were in very good condition.
. . . We have just had another division, but we have got
back to majorities of about thirty, so the excitement has
rather gone off.
August i6th, 1889.
We have just been having a particularly interesting dis-
cussion in the House, and the result of it is that the Tithes
Bill is withdrawn, the Estimates are to be got through as
soon as possible, and we can pretty well see our way to
winding up the session. I fear, however, that will take us
a full fortnight, and that we shall probably only get free
the day after the Staines tenancy expires. It is very vexing
to think that we might probably have got away to-morrow,
if we had not brought in that unfortunate Bill. To have
spent all this time in failing to pass it is really too sad.
In December I had a letter from Mr. Joseph Soames,
asking me to accept the leading brief for The Times in the
action for libel which had been brought against them by
Mr. Parnell, and which was to come on for trial soon after
Christmas. Sir Henry James and Mr. George Askwith
were to be my juniors. I wrote to Lord Salisbury, asking
what he would wish me to do, and he, after consultation
with Mr. Smith, replied leaving the matter entirely to my
decision. I thereupon refused the brief. I reproduce the
letter in which I told the Prime Minister of this, for there
are a few words in it which will explain my refusal six years
later to resume the post of Solicitor-General.
37, RUSSELL SQUARE,
December 2jth t 1889.
DEAR LORD SALISBURY,
I am very much obliged by your most kind and
considerate letter, and hope you will not think that I
troubled you unnecessarily when you hear that, under-
standing that you leave me full liberty of action, I have
decided to refuse the brief offered me by The Times. Dur-
ing the last few days I have thought much over the different
aspects of the question, and I cannot help thinking that
by now accepting the position of counsel for The Times in
such a case as this I should run a risk, however remote,
1886-90] O'SHEA V. O'SHEA AND PARNELL 283
of disabling myself from rendering effective service to the
Government. Until the report of the Special Commission
is published it is impossible to forecast what action the
Government may find it necessary or convenient to take,
and I fear that some of our friends in the House of Com-
mons would not understand, and would be inclined to
resent, my putting it in the power of our opponents to say
that both the Law Officers were in the pay of The ' imes.
The Attorney-General had no reason for refusing the
brief in O'Donnell v. Walter, for he could not foresee to
what it might lead ; but the same excuse would not avail
for me. Again, I fear my action might do much to strengthen
the proposal, which I think a mischievous one, although
it could hardly affect me personally, that the Law Officers
should be forbidden to take private practice. The interests
of The Times are quite safe in the hands of Sir Henry James ;
and although I lose an opportunity of distinction, that is
after all a very small matter.
On February 4th, 1890 (curiously enough it was on the
very day that The Times announced the settlement of the
Parnell libel case by an agreed verdict for 5,000), Lewis
Coward came over to my room at the Law Courts to tell
me that he had a very important divorce case in hand
which gave him much anxiety, and he had told his solicitor
client that he did not wish to take any further step in it
without having a consultation with the leader who would
have to conduct it in court. It was the application of
Captain O'Shea for a divorce from his wife on the ground
of her adultery with Mr. Parnell. The petition had already
been filed. I learned afterwards from Captain O'Shea that
in October or November of the previous year he had be-
come aware that adulterous relations existed between his
wife and the Irish leader. He had gone into a room
adjoining her bedroom at Walsingham Terrace, Brighton,
and had there found Mr. Parneirs dressing utensils and
some of his clothes. He spoke to a friend about the dis-
covery, and was advised to lay it before Cardinal Manning,
as the rules of the Roman Church, to which he and his wife
both belonged, forbade any resort to the Divorce Court.
284 SOLICITOR-GENERAL [CHAP, xxn
Together with his statement he sent to the Cardinal copies
of certain incriminating letters which had somehow come
into his possession. He told me that a fortnight later he
was glad he had taken the precaution only to send copies,
for he found that the Cardinal had consulted Sir Charles
Russell and Mr. George Lewis, and the documents had been
shown to them. Indignant at this, he demanded their
return, and determined to sue for a divorce.
Strangely enough, he went with his papers to Mr. Joseph
Soames, the solicitor for The Times, who had conducted
their case before the Special Commission, which had not
yet reported, and, more strangely still, that very dull but
respectable solicitor accepted his instructions, and the cita-
tion was actually issued by him. The impropriety, to say
the least of it, of his acting in such a case at such a time,
however, soon occurred to Mr. Soames, or was suggested to
him, and he advised the Captain to employ some one else.
But, with marvellous ill judgement, he suggested the name
of Mr. Day, a young solicitor of only ten months' standing,
who, apart from his inexperience, was the most unfit man,
except Mr. Soames himself, who could possibly have been
employed, for he was the son of Mr. Justice Day, one of
the Special Commissioners, and himself, as was his son, a
Roman Catholic. Day retained me and instructed Lewis
Coward, and the petition was filed, and then Coward
suggested an immediate consultation with me.
Day came to consultation, and I at once asked where the
original letters were which might be of so much importance.
" Oh," said Day, " here they are," and putting his hand
into the breast pocket of his coat produced a pocket-book
containing them.
" My dear sir,' 1 said I, " how long have you had them
there ? "
" Ever since I was first instructed," said he. " I was not
going to trust them out of my possession."
It was quite plain that in the interests of the client the
case must not be left in such hands, and as gently as pos-
sible I pointed out to him the obvious objections to his
1886-90] A CHANGE OF SOLICITORS 285
continuing to act. At first he was somewhat hurt, but after
a time he consented to my discussing the matter with his
father, who was one of my oldest and closest friends. So
directly the consultation was over I went to see Sir John Day.
To my surprise he did not at first seem to see the objections
to the son conducting a divorce case against a man upon
whom the father was at that very time sitting as judge in
grave charges of criminality, and said he did not think he
ought to prevent his son having a case which would be very
profitable, and useful in other ways ; but eventually he took
a different view, and authorised me to say that he thought
it advisable that the case should pass into other hands. I
asked young Day to come and see me, and told him my
views and what had passed with his father, and asked
him to consider the matter carefully.
Early next morning the Captain appeared at my room
in a state of angry excitement at having been thrown over
by another solicitor ; for he had just received a letter from
Day asking him to put the case into other hands. He
asked me whom he should employ, and of course I named
Mr. Muskett, the managing clerk to Messrs. Wontner.
That firm had the largest practice in criminal cases except
Mr. Lewis, and I had long known Mr. Muskett as one of
the ablest and most discreet of lawyers.
An appointment was made for a consultation that after-
noon ; Mr. Day attended, the papers were handed over,
and before night our anxiety about them was ended, for
the originals were safely lodged with the National Safe
Deposit Company. And at this consultation I arranged
that Mr. Muskett should come in and see me at any time
without troubling to appoint a consultation, and that no
step should be taken in the case without my personal
knowledge and advice.
The announcement of the commencement of these pro-
ceedings attracted very little public attention. The rela-
tions between Mrs. O'Shea and the Irish leader had indeed
long been notorious. Their political association began as
early as 1880, and it was at a lunch at which Mr. Parnell
286 SOLICITOR-GENERAL [CHAP, xxn
was present that Mr. Gladstone, always very susceptible to
the charms of women of beauty and wit, first met, and
was much attracted by, this remarkable woman. In 1882
she was the intermediary between the Cabinet and the
Irish leader in arranging the disgraceful treaty of Kilmain-
ham, the full terms of which would have been concealed
from the House of Commons but for the vigilance and
firmness of Mr. Forster. As early as 1881 Captain O'Shea
had cause for suspicion, and challenged Mr. Parnell to a
duel. This was somehow avoided, and the intrigue con-
tinued. In February 1882 a girl was born, of whom the
Captain mistakenly supposed himself to be the father.
She lived only two months, and Parnell, released for a
short time from Kilmainham, went to Eltham to embrace
his dying child. Two more daughters were born, one in
March 1883 and one in November 1884.
In 1885 a vacancy occurred in the representation of
Galway, and, to the indignation of some members of his
party, Mr. Parnell decided that Captain O'Shea should be
the Nationalist candidate, and went himself to Galway to
make speeches in his support. Justin McCarthy and Tim
Healy went to speak for the other candidate, and the latter
boldly alleged the nature of Parnell's relations with Mrs.
O'Shea. These were known to his followers, for some time
before a letter to him from Mrs. O'Shea had been opened
by one member of the party, and of course the knowledge
of one soon became the knowledge of all. They used to
joke about " Kitty " in his absence ; for there was never
a man among them who would have dared to do it in his
presence. I heard at the House of Commons of his nightly
visits to Eltham. He was a shrewd man in many things,
but his expedients for securing secrecy were quite childish
in their futility.
He used to take a hansom cab at Westminster and drive
to the Nelson public-house in the Old Kent Road. There
he dismissed his cab and walked a little way, and then
took another to Eltham. He could not have adopted a
better plan for betraying his secret.
1886-90] POLITICAL HOPES AND FEARS 287
These things, however, did not impair in the least degree
his authority over his party or the harmony of his rela-
tions with the Liberal leaders, and in the spring of 1890
Mr. Gladstone was looking forward to the General Election
which must come in a year or two, and was confident that
it would give him a majority of at least a hundred, and so
make certain the passing of a Home Rule measure.
Meanwhile the Ministry stumbled on in the House of
Commons. The gradual alienation of the Liberal Unionists
which had begun with the exposure of the Pigott forgeries
was still more marked after the Commission had made its
final report. Lord Randolph Churchill made a damaging
attack on the Ministry, majorities became painfully small,
elections went against us, and the leader of the House,
always nervous and distrustful of his own judgment, was
harassed by a painful disease. His heroic devotion to
public duty alone enabled him to continue his regular
attendance at the House. Our expectations as to the
future quite agreed with Mr. Gladstone's ; and so badly
did things go with us during the session that Sir William
Harcourt hardly seemed to exaggerate when he said in a
speech at the National Liberal Club on July gth that
Mr. Gladstone's party had only " to complete the rout of a
defeated foe and the pursuit of a flying enemy."
Four months later a verdict in the Divorce Court over-
turned all these hopes and fears and postponed Home
Rule for a generation.
At the end of this session of 1890 I had a disappointment
which, like all but one of the disappointments of my life,
was soon atoned for by consequences which no one could have
foreseen. I had never ceased to urge upon my colleagues
in public speech and private conversation the adoption of
the proposal to carry on Bills from one session to another
which Lord Salisbury had made in 1879, an< ^ which I had
brought forward in the House of Commons in 1882. In
the summer of 1890 there were two Bills before the House
of Commons which the Ministry were not strong enough
to carry. To abandon them would be a humiliating con-
288 SOLICITOR-GENERAL [CHAP, xxn
fession of weakness. So at a meeting of the Conservative
party the Prime Minister announced that a Standing Order
would be proposed under which these Bills could be carried
forward to the next session. A strong committee was
appointed to consider the proposal, and I hoped that a
most useful reform might be carried by general consent.
But party spirit was too strong, and the manifest embarrass-
ment of the Government offered too tempting opportunity
for its exercise. Mr. Gladstone came as a witness and made
a violent attack on the proposal, and the resolution approv-
ing the proposed Standing Order, and a reasoned report
prepared by Mr. Balfour justifying it, were only carried by
a party majority of n to 9. I think it is worth while
to record the names. For the resolution and report which
were moved by the Chairman, Mr. Goschen, there voted
Lord Hartington, Mr. Chamberlain, Mr. Arthur Balfour,
Sir H. S. Northcote, Sir Algernon Borthwick, Mr. Jennings,
Mr. Penrose Fitzgerald, Mr. T. W. Russell, Colonel Mal-
colm, Mr. John Talbot, and Sir Edward Clarke. On the
other side were Mr. Gladstone, Sir William Harcourt, Mr.
John Morley, Mr. Sexton, Mr. Labouchere, Mr. Dillon,
Mr. Dillwyn, Dr. Hunter, and Mr. Whitbread. But to my
great disappointment the report was not acted upon. Mr.
Smith was very unwell, and told me he could not face the
three or four days of angry debate which would be needed
to adopt the proposal, and it was therefore determined to
abandon it. The two Bills the Tithes Bill and the Irish
Land Purchase Bill were dropped, an autumn session
was resolved upon, and on August 22nd Parliament was
prorogued.
This decision had momentous and unexpected conse-
quences. Parliament was to reassemble on Tuesday, No-
vember 25th, and a meeting of the Irish parliamentary
party was summoned for that day. The annual meeting
of the National Liberal Federation, at which Sir William
Harcourt and Mr. John Morley were to speak, was to be
held at Sheffield on the 2ist.
Meanwhile the Long Vacation came to an end, the Law
1886-90] THE DIVORCE TRIAL 289
Courts reassembled, and the fateful divorce case appeared
in the list for trial.
A step had been taken by the respondent which I have
never understood. At first the defence put in both by
Mrs. O'Shea and by Mr. Parnell was a simple denial of the
adultery. Later in the proceedings Mrs. O'Shea amended
her defence by adding a plea alleging that Captain O'Shea
had been guilty of conduct conducing to her adultery,
that he had connived at and condoned it, and she added a
counter-charge alleging his adultery with her sister, Mrs.
Steele. Who could have advised this step, or why Mr. Parnell
permitted it, was and is a mystery. The charge against Mrs.
Steele was utterly baseless and wanton ; while of course the
plea of connivance was in effect an admission of the adul-
tery alleged against herself. But the whole business was
full of puzzles. During the week before the trial we had
consultations almost every day, and we heard all sorts of
rumours. One day we were told that Mr. Parnell' s
solicitors had no instructions ; another that a staff of clerks
were at work at the house at Brighton preparing briefs for
the defence ; next day we heard from Captain O'Shea that
it had been intimated to him that he could have 20,000
if he would abandon the suit. And strange witnesses came
to Mr. Muskett, and offered to give curious and incredible
details of the adultery they said they could prove.
So we went into court on Saturday, November I5th,
quite uncertain as to what would happen. Sir Charles
Butt was the judge, and Inderwick and Lewis Coward
were my juniors.
When I went into court Frank Lockwood was already in
the Queen's Counsel row, and he came across to speak to
me. I guessed what was coming, and refused to hear any-
thing privately. I wished to be able to say that I knew
nothing of the course he intended to take until it was publicly
announced in court. Then he, when the judge came in,
said he appeared for Mrs. O'Shea, and did not intend to
take any part in the proceedings. The position was rather
embarrassing for me, for in view of the defence of con-
2go SOLICITOR-GENERAL [CHAP, xxil
nivance and the counter-charge I had prepared myself to
open the case very fully, and had decided to call among
my earliest witnesses young Harry O'Shea and one or both
of the two girls who had been born before the acquaint-
ance with Parnell had begun. I at once decided to do
without their evidence, to make my statement as short
as possible, and to call only a few witnesses. Mr. George
Lewis came to me with a message from Mr. Parnell, who
had been subpoenaed, and was, he said, in attendance, asking
that I would if possible dispense with his appearance in
court for the purpose of identification, and he handed me
a few recent photographs. I managed to make these do.
We might have finished the case that day, but I wanted
to call Mrs. Steele to deny publicly the charge that had
been made against her, and she was not in attendance. So
the case stood over until the I7th, and then, after a little
more evidence and a short summing up, the jury gave their
verdict, and a decree nisi was pronounced.
The political effect was immediate and overwhelming.
That the result of the trial should come as a complete sur-
prise to the leaders of the Liberal party is difficult to explain.
Mr. John Morley had been for years the friend and adviser
of the Irish leader. Two days before the trial took place
he told Mr. Gladstone that Parnell was going to be trium-
phantly acquitted. Parnell had given him that assur-
ance. I think the explanation is that ParnelTs solicitors
believed down to the last moment that Captain O'Shea
would not appear in court ; and I suspect that the pleas
of connivance and condonation were put on the record with
the idea of making it more easy to bribe or to frighten him
into the abandonment of his suit.
There was another way out which would have suited
the Liberal leaders even better. That was the disappear-
ance of Parnell from political life, leaving a solid body of
Irish Home Rulers without any very strong leader, and
therefore the more amenable to the friendly control of
their English allies. And this nearly happened. Some time
before the trial Parnell entertained the idea of leaving
1886-90] WILL HE ASK FOR CHILTERN HUNDREDS ? 291
England with Mrs. O'Shea, and taking the two girls, born
in 1883 and 1884, wno were unquestionably his daughters,
and he consulted Mr. Inderwick whether there was any
European country in which Mrs. O'Shea, in spite of the
orders of an English court of law, would be able to retain
the custody of these children.
On the Sunday that came between the opening of the
divorce case and the verdict and decree Mr. Gladstone
heard of the evidence already given, and his first question
was, " Will he ask for the Chiltern Hundreds ? " This is
an autobiography and not a political history, but the fol-
lowing quotation from a speech I made at Plymouth on
January 5th, 1891, may have its interest in both aspects :
It is seven weeks to-day since I heard, in a case in which
I myself appeared as counsel, a verdict given which has
materially and permanently affected the political fortunes
of both parties in this country. It is hardly possible to
realise the change that has passed over the prospects of
English political parties in that short period of seven
weeks. On the Saturday I had been called upon in the
course of my professional duty to make a speech, which
was afterwards supported and proved by evidence only
as much evidence as was necessary in the circumstances of
the case and produced the result that, for the moment,
the leader of the Gladstonian party has refused to have
any political action in common with the leader of the Irish
wing of the Home Rule party. The incidents that have
passed in that short period of seven weeks are incidents
upon which it is not undesirable that we should meditate
and reflect this evening. Many of them have been of an
extremely amusing character. The Irish party can never
keep out entirely the involuntary Irish humour from the
proceedings, political and otherwise, in which they are
engaged; and when they began their proceedings in Com-
mittee Room No. 15 by solemnly discussing whether they
should resolve that the general meeting of the Irish party
should be called for " last Friday," they started a series
of incidents which maintained their character to the very
end of the chapter. They did not decide anything it
was not to be expected that they should put that important
2Q2 SOLICITOR-GENERAL [CHA*>. xxil
question; but having broken up in disorder in the dusk
of one December evening, they transferred themselves to
Dublin, and there started the Home Rule campaign in
two different factions. They first started by way of
showing what they expected from unity when Home Rule
should be achieved two rival and opposition " United
Irelands"; and when the imitation " United Ireland " was
put down by law, they started again, with true Irish humour,
a paper which was published all over Dublin and was called
" Suppressed United Ireland " ; and since then they have
been indulging in a faction fight of the most charming
character at Kilkenny ; and by way of showing their
attachment to Mr. Gladstone they have returned as member
for Kilkenny a member of the Carlton Club. I don't say
that we are very proud of him, but the irony of Irish affairs
could hardly be carried further than by the selection of
Sir John Pope Hennessy, who sat as a Conservative in the
House of Commons, and owed his diplomatic promotion to
Lord Beaconsfield, and whom I heard not many months
ago speak of himself in an after-dinner speech as a mem-
ber of the Conservative party. Well, sir, these pleasant
and amusing incidents of domestic differences will of course
be soon forgotten, but there are a good many things that
will not be so easily forgotten. We have heard some very
plain speaking with regard to their own companions from
members of the Parnellite party ; we have heard Mr. Par-
nelTs description of Mr. Gladstone. We have heard from
Mr. Parnell that "that grand old Spider " these, I beg
you to observe, are all quotations" who is the unrivalled
coercionist of the Irish race " is a " garrulous old gentle-
man " whom Mr. Parnell has known for many years, but
from whom he " could never get a definite answer to any
question that he ever asked." We have heard Mr. Par-
nell 's description of his own companions and late sup-
porters in the House of Commons, from Mr. Healy, who
had the distinction of being described in Committee Room
No. 15 as " that coward.y little scoundrel in the corner,"
down to Dr. Tanner, upon whom has been bestowed the
sobriquet of a " gutter sparrow." We have heard what
the leader thought of his followers, and we have heard
with equal plainness what the followers thought of their
leader ; and if I do not go on with quotations from their
speeches, it is only because, while what the leaders say
1886-90] THE WOMAN IN THE CASE 293
may be of some importance, what the followers say is of
no consequence to anybody. 1
Lord Morley has told me that the last time he talked
with his old chief on political matters Mr. Gladstone said,
" We should have carried Home Rule but for Kitty
O'Shea." I once said to David Plunket, " I knew I was
throwing a bombshell into the Irish camp, but I did not
know it would do quite so much mischief." " Ah," said
he, " you didn't know that when it burst they would pick
up the pieces and cut each other's throats with them."
1 Public Speeches, 1890-1900, p. 3.
20
CHAPTER XXIII
QUIET POLITICS AND A NOTABLE CASE : 1891-1892
THE immediate political consequence of the Parnell divorce
case and the break up of his party was that the Ministry
continued in office for another year and a half. If that case
had not been tried, I have no doubt that the Government
would have broken down in the autumn session, and a General
Election would have taken place directly after Christmas.
Instead of that Parliament only sat for a fortnight, and
when it reassembled late in January 1891, all parliamentary
difficulties had disappeared, and ministers found them-
selves in enjoyment of a strength and freedom which had
not belonged to them at any time since they entered office.
The opportunity was well used. The Tithes Bill was passed.
Free Education was established. And a valuable Irish
Land Purchase Act was added to the Statute Book. Mr.
Gladstone came to the House but little. But on each of
these Bills his followers challenged important divisions, and
in contrast with the scanty majorities of the preceding year,
they were beaten by majorities of 94, 101, and 138, all the
Nationalist members who came to the House supporting
the Government upon the last-named Bill. Nor was there
any trouble about Finance. The country was prosperous,
and its prosperity was reflected in the yield of taxation.
Mr. Goschen had done more than justify his acceptance as
a Unionist minister. He had been a tower of strength in
debate; and in five years, while taxes were reduced and the
naval and military forces of the country substantially
strengthened, the National Debt had been reduced by
294
1891-2] TRANBY CROFT 295
37,000,000, and brought to a lower point than it had reached
for forty years.
I need say no more about the political affairs of this
year, and will turn at once to the case which at one time
threatened to have consequences in England as grave as
those which in Ireland had followed upon the Parnell
divorce.
It arose from a charge of cheating at cards which had
been made against Sir William Gordon-Cumming at Tranby
Croft in the previous September, when the Prince of Wales
was staying there for the Doncaster races, and where Sir
William, at the suggestion of the Prince, had been included
in the house-party. It is not necessary to recite here the
names of the members of that party.
The incidents did none of them any credit ; and those who
wish to read the details will find them all fully set out in
the newspapers of the first week of June 1891. On the night
that the accusation was made Sir William, strongly denying
his guilt, was persuaded, under great pressure, to sign an
undertaking not to play cards again. All the members of
the party save one were bound to secrecy, none of them
having the sense to see that the sudden departure of Sir
William from Tranby Croft, and his abandonment of card-
playing, would effectually secure the publicity of the scandal.
It was all known the next day, for a lady who was not at
Tranby Croft heard the story on Doncaster race-course.
On February 6th, 1891, Sir William Gordon-Cumming
issued a writ for slander against the persons who had
accused him at Tranby Croft, and the defence put in was
that the charge was true.
I was instructed by Messrs. Wontner to appear for the
plaintiff, and had the good fortune to have as my junior my
good friend Charles Gill, one of the ablest and most coura-
geous of advocates, a wise adviser, and a genial companion.
I need hardly say that our consultations were long and
anxious.
A short time before the case came on Mr. George Lewis,
who was the solicitor for all the defendants, came to me with
296 QUIET POLITICS AND A NOT ABLE CASE [CHAP, xxin
a message from Marlborough House. Sir Edward Hulse
had given the Prince of Wales a box containing the cards
and counters to be used in playing baccarat. The counters
were large and of bright colours. On one side was the value
10, 5, i, or IDS. on the other the feathers of the
Prince of Wales. These were the cards and counters used
on the evening of the alleged cheating. Mr. Lewis told me
that it would be unpleasant for the Prince that it should
be known that he travelled about with this box, and asked
if I would be content if the defendants produced for use at
the trial counters of the same size and colour, but without
the gilt feathers on the back. I told him I could make no
promise of concealment, but for the purpose of my opening
speech I should be quite willing to use the plain counters.
So I went one afternoon to Marlborough House, and saw Sir
Francis Knollys, and compared the originals with the copies,
some of which I still possess.
On the day of the trial the court had a strange appear-
ance. Lord Coleridge had appropriated half of the public
gallery, and had given tickets to his friends. The Prince
of Wales occupied a chair at the front of the bench, between
the judge and the witness box. Lady Coleridge sat close
to her husband's right hand, and had the duty of checking
the occasional inclination to sleep which at this time had
become noticeable. The rest of the bench was filled by a
group of fashionable ladies, in front of whom, and one
might fitly say " close to the footlights," one of the judge's
daughters-in-law sat with sketch-book on her knee busily
sketching the actors in the drama. Lord Coleridge's angry
exclamation when the crowded court cheered my closing
speech, " Silence, this is not a theatre," sounded in the
circumstances rather amusing.
I was not a little indignant when, after the trial, the
sketch-book was brought to me with a request that I would
put my signature to the sketch of myself which was
inserted between the signed likenesses of Sir Charles Russell
and Mr. Asquith.
I believe my reply in this case was one of the best
1891-2] A JUDICIAL ADVOCATE 297
speeches I ever made. It has sometimes happened to me
when making a speech on rare occasions perhaps a dozen
times in the course of my life to have all the faculties so
working together at the very height of their powers that
there has ceased to be the slightest sense of effort, physical
or intellectual. No choice of topics, no hesitation of
thought, no selection of phrase. As the thought comes
into the mind the perfectly apt word comes with it. The
phrase has no ambiguity and no extravagance. And voice
and gesture instinctively give melody and force to the
flowing period.
It is an intense enjoyment to the speaker, and I never
felt its delight so fully as when I was delivering that closing
speech.
Lord Coleridge said at the beginning of his summing up
that perhaps it was as well that a night had intervened
between my speech and the summing up. He had made
the most of the interval. He told Lady Coleridge when he
reached home that until he heard my reply he had never
doubted what the result of the case would be. And he set
to work that night to prepare, or perhaps to complete, the
very fine specimen of judicial advocacy which he delivered
the next morning.
It has often been a subject of discussion among lawyers
whether Charles Russell or John Duke Coleridge was the
greater advocate. I am not sure that Russell was quite
at his best in the Baccarat case, but so far as that case was
concerned I think no careful student of the trial would
deny the supremacy to Coleridge.
The result of the case greatly disappointed me. I had
opened it in language of studied moderation, for I thought
it possible that when Sir William's evidence had been given
the defendants would say that they accepted his denial,
and would withdraw their idea of justification. That course
would not have saved my client from social ostracism. He
had made many enemies ; and Society, with the leader of
Society at its head, would have refused to receive him.
But it might have saved him, and the loyal and devoted
298 QUIET POLITICS AND A NOT ABLE CASE [CHAP, xxm
lady, who in the hour of his disgrace became his wife,
and the innocent children of their marriage, from the
shameful cruelty with which in later years they were
pursued.
Any counsel of experience distrusts his own judgment
upon the merits of a case in which he has himself been an ad-
vocate. But so many years have passed since the Baccarat
case was tried that I think I am able now to form an
unbiased opinion, and I think I ought to leave that opinion
on record.
I believe the verdict was wrong, and that Sir William
Gordon-Gumming was innocent of the offence charged
against him.
The Session of 1892 was very quiet. Some members
were away, preparing for the General Election which it was
known would come in the autumn, some were careless, for
they did not intend to stand again. The Liberal leaders
were divided, the Irish party was broken in two, and the
Government had no immediate anxieties.
But in that session I delivered three speeches which I
think should be mentioned here. The first was upon the
Salvation Army. I had enjoyed for some years the friend-
ship and confidence of General Booth, the wonderful man
whose devout enthusiasm and genius for organisation con-
verted a local evangelistic effort in an industrial town in
the north of England into the world-wide movement which
has done so much to promote Christian faith and conduct
among the poor and unlearned of every nation. When
General Booth came to London I was professionally con-
sulted upon some troublesome legal questions which arose
in connection with the establishment of the London head-
quarters at the Eagle Tavern in the City Road. Some years
later I argued for them and won the case of Beaty v. Gil-
banks, which established their right to have public proces-
sions and to have those processions protected against
interruption ; and thenceforward to the end of his long and
useful life I had the privilege of being his adviser upon
important questions of law. In 1891 a by-law which
1891-2] THE SALVATION ARMY 299
enabled the town council at Eastbourne to prohibit the use
of a band in the Salvation Army processions was inadver-
tently sanctioned by Parliament. Serious disorders took
place, and in 1892 a Bill was introduced by the Govern-
ment to repeal this by-law. The Bill passed without
difficulty; and in the debate I took occasion to declare
that the Salvation Army was so far as I knew the only
religious organisation which the world has ever seen which
makes the only test of membership personal purity and
holiness of life. I said, " Any one who knows anything of
the Salvation Army knows this cardinal fact that every
one of the hundreds of thousands of persons who join it
becomes an abstainer from all intoxicants, and also, which
often involves a greater self-denial, an abstainer from
the use of tobacco in any form, and any one knowing that
realises the extraordinary importance and value of this
religious organisation."
This earned for me a caricature in Punch of March igth,
1892, which gave me the greatest pleasure. My friend
Harry Furniss, the greatest draughtsman and caricaturist
of his time, represented me in Salvation Army uniform
dancing along and vigorously clashing a pair of cymbals.
The second of the three speeches was delivered as the
spokesman of the Government and the Tory party in
opposition to a resolution in favour of the disestablishment
of the Church in Wales. 1
The third was an authorised declaration of the policy
of the Government with regard to franchise and regis-
tration reform. A small committee had been appointed,
consisting of the Solicitor-General for Scotland and myself
and one other, to make a report upon the system of regis-
tration in England and in Scotland, and this having been
considered by the Cabinet I was commissioned to state
their views. I have not reprinted this speech, which was
delivered on May 25th, 1892, and will be found in Hansard,
series 4, vol. iv, p. 1829 ; but for twenty-five years Parlia-
ment has neglected the subject, and it may be worth while
1 Selected Speeches, p. 173.
300 QUIET POLITICS AND A NOTABLE CASE [CHAP, xxm
to note the proposals which Lord Salisbury and his col-
leagues were prepared to accept.
The principle laid down was that it should be made as
easy as possible for any man qualified by law to exercise
the franchise ; that his name should be put on the electoral
list by the action of a public officer ; and that when once
there it should not be allowed to disappear from the list so
long as he continues to hold a qualification. Successive
occupation should be allowed from one borough to
another, and not only within the limits of a borough.
The Scottish system should be adopted ; the system of
revising barristers, and the direct influence of political
partisans on the formation of the electoral roll should be
abolished ; and the record from which the names of voters
are taken should be a record which is not connected
with parliamentary and political purposes only, but is
connected also with liability to rating and other public
liabilities and duties.
I hope this speech may yet be found of use when the
manifold evils of the present system of registration come
to be seriously dealt with.
The Parliament went quietly on to its close ; and the
dissolution in July 1892 brought me a harder contest at
Plymouth than I had expected. This was owing to a curious
blunder by the authorities at the Admiralty. For some
years the representatives of dockyard constituencies had
been urging on successive Governments the reasonable
claim of the shipwrights to an increase in their wages, which
had been fixed long ago, and were lower than the wages
given in private yards.
In 1892 Lord George Hamilton, who recognised the
justice of the claim, and did not disregard the party advan-
tage which might be gained by a concession, persuaded the
Government to authorise a further expenditure of 96,000
a year, which would suffice to give an increase of 2s. a week
to all the shipwrights. Unfortunately the Secretary to the
Admiralty, Mr. Arthur Forwood, a Liverpool shipowner,
persuaded him to approve a scheme by which the ship-
i8gi-2] A COSTLY BLUNDER 301
wrights were divided into three classes, receiving respectively
increases of one shilling, two shillings, and three shillings,
according to their length of service. This pleased no one.
There was indeed no justice in it, for it was the men who
had young families to bring up who needed most the larger
wage ; and all classes resented the distinction made between
them.
I came to London during the election to see if the mistake
could be repaired, but the increase of 35. to the older men
having been once announced could not be withdrawn ; we
went to the poll with the majority of the angry ship-
wrights voting against us ; and although I headed the poll,
and my new colleague Sir William Pearce was returned
with me, I only beat the strongest opponent by 160 votes
a disappointing contrast to the 886 of six years before.
Elsewhere the effect of the blunder was much more
serious. At Devonport we lost both seats, at Portsmouth
one, and another at the Pembroke Boroughs.
When the new Parliament met in January of 1893 Glad-
stone had a majority of 39. Of the English representatives
the majority against him was 71. With a House of Com-
mons so constituted I doubt if any one but he really thought
it possible to place a Home Rule Act upon the Statute Book.
If the majority had been only 31 the gallant old fighter
would hardly have prevailed on his followers to make
the attempt.
My six years of office as Solicitor-General came to an
end on August i8th, 1892.
CHAPTER XXIV
THE FRONT OPPOSITION BENCH I 1892-1895
THE first use I made of my recovered freedom was to pay a
visit to Ireland. I had long felt ashamed that while we in
the House of Commons were constantly discussing Irish
affairs, so few of us had any personal knowledge of the
country and its people. So after a week or two of pleasant
boating and tennis at Staines, I went off with my wife and
daughter and my eldest son to spend a few weeks in enjoy-
ing lovely scenery and a delightful people.
We stayed for a while in Dublin, in excellent rooms at
the Shelbourne Hotel, where we met many friends and made
pleasant new ones, and then we had a never-to-be-forgotten
week of enjoyment at Glengarriff , surely one of the loveliest
places on earth. Then came Killarney, famed for its beauty
and worthy of all its fame. I shall never forget the brilliant
autumn day when my son and I took a merry guide and
went to the top of Mangerton, and heard the story of the
bottomless lake, and drank " God Save Ireland " in some
special Irish whisky for which a house we had passed on
the road was famed.
We sojourned for a while at Cork, at Limerick, and at
Bray ; and my son and I made a special trip to see the New
Tipperary, which was the one constructive experiment of
the Nationalist movement. And we came back to Dublin
in time to witness from the windows of the Imperial Hotel
in Sackville Street the great procession that went to
Glasnevin Cemetery on the first anniversary of ParnelTs
death.
I am reluctant to quote from my own speeches, but I do
not think I can describe that procession and what appeared
[302
1892-4] A GREAT PROCESSION 303
to me to be its political significance better than by tran-
scribing a passage from my speech at Plymouth on
January 3rd, 1893.
I had an opportunity while in Ireland of considering a
very interesting question in that country now, and that
is the question of the relative strength of the two parties
which claim between them to represent the Nationalist
cause of Ireland I mean the Parnellites and those who by
a curious and inexcusable blunder have allowed themselves
to be called anti-Parnellites. I had an interesting oppor-
tunity of observing the strength of the Parnellite party in
the chief city of Ireland.
On October 9th a procession took place through Dublin
to Glasnevin Cemetery in commemoration of the death of
Mr. Parnell, and from a balcony in Sackville Street I watched
that procession. It was a most remarkable sight on a most
remarkable day. The priests of the distant parts of Ireland
had set themselves to thwart, if they could, the intention
to hold that great demonstration. They had refused in
more than one place to celebrate early mass, in the hope
that that refusal would prevent the people being able to
go by train to Dublin to take part in that procession. But
on that Sunday morning every quarter of an hour from ten
o'clock in the morning until half-past twelve, at each of
the railway stations in Dublin, special trains were arriving
from the country, bringing thousands of people to join in
the tribute to Mr. Parnell' s memory.
All those people were coming in wearing bunches of ivy
leaves, which have now become in Ireland the recognised
sign of adherents to Parnellism. The streets grew gradually
more and more thronged in the morning, and at midday
there were dense crowds all over Sackville Street to the
O'Connell bridge.
The most remarkable thing was that there was not a
policeman to be seen. The crowd was in perfect order, but
we wondered how the procession would make its way.
Presently came the procession. Four men in front of it
with wands bound in black and white were enough to make
way through the crowd.
The car piled with wreaths passed on, the Parnellite
members walking bareheaded after it, and then came for
an hour and a quarter persons walking in procession.
304 THE FRONT OPPOSITION BENCH [CHAP, xxiv
I cannot say with certainty, but, from experiment made
at different times, I should think there were ten or eleven
thousand persons walking in that procession. But the
importance of the matter was in the crowds that filled the
streets, and that almost everywhere you saw an ivy leaf in
the coat which admitted the wearer to be a follower of
Parnell. The remarkable thing about Irish politics to me
at this moment is this : that while what is called the Par-
nellite party in Ireland is now but small in the House of
Commons nine or ten in number their opponents have, by
a singular and inexplicable fatuity, handed over to them
the whole of the sentiment connected with the Nationalist
cause in Ireland.
There is Parnell' s grave in Glasnevin Cemetery to which
thousands of people go, and which is the great object of
observation, and there is the wearing of the ivy leaf. It may
be the priests will be too strong for Parnellism. I don't
think they will. There is no more sentimental people in
the world than the Irish people, and their sentiments now
are associated with Parnell and his history and his triumphs
in the House of Commons in a way which I do not think
will ever be defeated.
But if the priests do not succeed in crushing Parnellism,
I am quite sure that Parnellism will conquer the opponents
whom it will find in Ireland. It was said the other day by
one of the representatives of the anti-Parnellite party that
the Parnellites have no capable men among them. I read
the assertion with great surprise, for undoubtedly in Mr.
John Redmond the Parnellites have the most able parlia-
mentary speaker amongst those who now represent Ireland
in the House of Commons. 1
In order to complete the account of this visit to Ireland
I must add a few more sentences from the same speech.
During those three weeks I determinedly did not see an
English newspaper.
I read only the newspapers that one found in the country,
and one of the most curious things was that during the
whole time I was there, and taking all the local newspapers
1 Public Speeches, 1890-1900, p. 37.
1892-5] POPULAR POLITICS 305
to which I had access, I do not think I ever saw any refer-
ence to the establishment of an Irish Parliament.
The people over there do not seem to look upon that as
one of the serious questions with which they are dealing.
I do not say that the casual observations of the people
one meets in various parts of Ireland can be accepted as
an altogether trustworthy indication of public feeling ;
but I am bound to say I was struck with the observation
of a car-driver driving me to Killarney. Of course that
driver and he was tempted by me I am afraid indulged
me with a most enthusiastic description of the merits of
Mr. Gladstone. He was indeed among Mr. Gladstone's
most enthusiastic supporters. He told me that he was
the most wonderful man that ever lived, that there had not
been a thought of his life that had not been given to justice
to Ireland ; and he spoke of the magnificent things which
that splendid statesman had done and intended to do. So
I fell in with his humour, and I said, " And now you're all
right as he is in office, and in six months he will be giving
you an Irish Parliament." "Oh, God forbid," he said;
" that would make things worse than ever." He would
have nothing to do with an Irish Parliament at all. " What
they want," said he, " is not to pay rent." I believe
that the most complete expression of the general desire
and feeling of the Irish people that I came across in that
time was put in plain terms by another car-driver. He
said, " What people want is to pay no rent and have com-
pensation for improvements." Well, travelling in Ireland,
reading the local papers, hearing local opinions, talking to
people about politics, one could see at once that there was
no question as to the establishment of a Parliament, or of
an executive responsible to Parliament, or anything of that
kind. They had their grievances, or thought they had them,
with regard to the terms of their holdings, they were all
eager to become the owners of the holdings which they
tilled, and the conclusion which was borne in on my mind
is that the whole secret of the Irish question is this security
and tenure of occupation of land, and that if the policy
which we carried out in Lord Ashbourne's Act for enabling
tenants of farms to become on easy terms proprietors of
their holdings were steadily carried through we should so wipe
out the question of Nationalist aspirations for a Parliament. 1
1 Public Speeches, 1890-1900, p. 36.
306 THE FRONT OPPOSITION BENCH [CHAP, xxiv
It was soon announced that Sir Charles Russell and Mr.
John Rigby were to be the new Law Officers, and that they
had acquiesced in a rule that they should take no private
practice except in the House of Lords and the Judicial Com-
mittee of the Privy Council ; an exception which was of no
importance to Russell, as he seldom appeared in either
place. A curious little note from him reached me on
August i8th.
MY DEAR CLARKE,
Mr. G. in appointing his Law Officers finds he is con-
fronted with a rule laid down by the late Government
against the Law Officer taking (with certain exceptions) any
private practice. Pray let me know your understanding
of that rule.
I envy your freedom !
Yours faithfully,
C. RUSSELL.
He put the same question to Lord Halsbury and to
Webster, and was told by both of them that no such rule
had been laid down.
My reply to his letter was :
MY DEAR RUSSELL,
No such rule as you mention was laid down by the
late Government ; Webster and I were not subject to any
restrictions whatever in the matter of private business,
nor should I have submitted to any. I think it is a pity
you and Rigby have consented to take office on other terms,
but I look on this consent as simply a matter of personal
arrangement between yourselves and Mr. Gladstone, and
not as establishing a rule by which others will be bound.
Very faithfully yours,
EDWARD CLARKE.
Charles Russell was furious ; he declared Mr. Gladstone
had deceived him, and claimed to be relieved of the restric-
tion. The Lord Chancellor (Herschell) brought the matter
before the Cabinet, but they were firm.
The new arrangement did not prove a success from the
1892-5] AN EASIER LIFE 307
point of view of public economy, and Russell soon found he
had nothing to complain of.
In 1891 his income had been a little under 14,000 ;
during the period of rather less than two years, from August
1892 to May 1894, he received from the Treasury something
over 32,000, being an annual income of nearly twice the
average amount of public money received by the Attorney-
General during the previous twenty years.
As soon as I left office my clerk came to me and sug-
gested that I should now relax the rule I had laid down of
not accepting a brief with less than a hundred guineas.
He thought that as a private counsel I could not prudently
try to maintain it. I told him I was not very anxious
about the amount of my income, and felt sure I should
earn sufficient for my needs, and that after six years of very
hard work I should not be sorry to have a time of more
leisure. He was gloomy and apprehensive ; but his appre-
hensions were very far from being justified.
The meeting of Parliament in February 1893 was the
beginning of the most enjoyable period of my political life.
The front Opposition bench is by far the pleasantest place
in the House. I was no longer bound to constant attend-
ance on the debates. The escape from the onerous obli-
gation of being in my place during the last half-hour of
every sitting was an especial relief. I had of course to
surrender my occupancy of the Solicitor-General's room;
but the authorities of the House were very kind, and gave
me the use of a small room close to a private exit under
an arch of the Speaker's courtyard, where, so long as I re-
mained a member of Parliament, I was enabled, secure from
interruption, to do a great deal of my legal work. Best
of all was the fact that now, as in the party out of office
there are no Cabinet secrets, I was admitted to the fullest
confidence of my leaders, and was entrusted with some very
important duties. On three occasions, once in each of the
three years that the Government lasted, I was chosen to lead
the opposition to an important Bill.
The first, and by far the most important of these, was the
308 THE FRONT OPPOSITION BENCH [CHAP, xxiv
introduction of the second Home Rule Bill by Mr. Gladstone
on February I3th, 1893 ; the anniversary of the day thirteen
years before when I had been elected for Southwark. When
the date of this introduction was fixed, Mr. Balfour spoke
to me about the debate. He did not propose to divide
against the first reading ; but he said he wished to have a
full debate, well sustained, for several nights, and his chief
anxiety was as to the first night. Everybody, he said,
would be willing to speak the second night, after time for
thought and consideration, but he wanted a good strong
fighting speech which would be read on the same day as
Mr. Gladstone's opening. Would I prepare myself to speak
on the first evening, say at ten o'clock ? I agreed to speak,
but I suggested that I should follow Mr. Gladstone im-
mediately he sat down. I said my training at the Bar had
accustomed me to answer at once an opponent's argu-
ments, I thought my speech would be no better for the two
or three hours' interval, and that it would gain in effect
if made directly the new proposals were stated. He seemed
surprised at the suggestion, but agreed that an immediate
reply would be the more effective, and it was so arranged.
My first preparation for the heavy task I had undertaken
was to get a copy of the old Home Rule Bill, and absolutely
learn it by heart, so as to remember the number and exact
terms of every clause. So far as old proposals were repeated
I knew the comment we had made upon them seven years
before ; if they were varied the alteration was a concession
of previous mistake and the answer to the new scheme
must be extemporised. Then I went down to Brighton
with Lady Clarke for two or three days, took spacious and
excellent rooms at the Grand Hotel, worked diligently at
my notes, wrote my peroration, and fixed its phrases in
my memory while I walked up and down the front, and
made my usual excursion to look at the house in Walsingham
Terrace, of which I had heard and said so much in the
Parnell case.
We came back to town on Monday, and in the afternoon
I walked down to the House. Its precincts were full of
1892-5] A FAMOUS DEBATE 309
excitement. Crowds loitered in Whitehall and Downing
Street and round the railings of Palace Yard, and as the
well-known leaders passed into the House their adherents
cheered them.
As I went up the staircase I heard the roar of cheers
when the Prime Minister came to the table, and when I
entered the chamber his first sentence was stilling the
House to silence. It was a wonderful sight. The whole
House was crowded to its limits, every seat occupied,
rows of chairs ranged along the floor, all the galleries full,
and a crowd of members who could find no seats standing
massed at the bar. From over the clock the Prince of
Wales and the Duke of York watched the scene ; from the
rows right and left of them Lord Rosebery, Lord Spencer,
Lord Knutsford, Lord Rowton, and Lord Cadogan listened
to the speech.
The Reporters' Gallery was crowded ; and as I went to the
seat reserved for me between Mr. Balfour and Mr. Goschen,
I could not help recalling the night twenty-six years before,
when I had stood in that gallery, and heard the memorable
speech which anticipated, and strove to avert, the fall of
a Liberal Ministry. And now the same speaker, casting
aside the burden of his eighty-four years of strenuous life,
stood in the same place, and with form erect, and flashing
eye, and voice which had lost but little of its strength and
music, poured out for three hours the stream of clear argu-
ment and copious illustration and unfaltering phrase. It
was, as I acknowledged in my opening sentence, " a splendid
example of physical and intellectual power."
He sat down amidst a tumult of cheers, and then his
hearers began to hurry away. The Speaker could hardly
be heard when he put the question, and I had to stand at
the table for several minutes until the noise of departure
subsided. The next ten minutes was, I think, the most
trying experience of my life worse than my maiden speech.
Our men sat steady, and helped me by their welcome;
but from below the gangway, and from the benches opposite
me, members were hastening out to send telegrams and
21
3to THE FRONT OPPOSITION BfiNCtt [CHAP.
letters or to discuss the speech ; and I had the discouragement
of fearing that my speech would be delivered to an almost
empty House. An unlooked-for incident helped to save me.
After a few introductory sentences on the fact that in
in the Prime Minister's speech there had been no reference
to the Land Question, Mr. Gladstone sprang to his feet.
I am indebted to the hon. and learned gentleman for his
reminder. I omitted to mention among the provisions of
the Bill that the Land Question is reserved to the Imperial
Parliament for a period of three years.
The news that Mr. Gladstone had again risen brought
members rushing back into the chamber, and now they
for the most part stayed. My speech l lasted about an
hour, and I had reason to be proud of its reception.
The course of the debates upon the Bill when it reached
Committee was not at all creditable to the leaders of the
Unionist party. It was not to their interest that time
should be occupied by long discussion on the Bill, for this
was the only Bill in which the Irish members were interested,
and without them the Government had no majority at all.
If the Unionists had concentrated their attacks upon the
important provisions on which the English Liberals were
themselves divided, the Bill might have been defeated in
the House of Commons. Instead of that private members
were encouraged to put down all the trivial amendments
they could think of, and so divisions were taken, at times
when the House was full, upon trumpery little questions.
Worse still, prominent members of the party voted for
proposals they were known to disapprove, in their desire
to make more certain the rejection of the Bill by the House
of Lords.
I made my comment on this at my next annual meeting
at Plymouth on January 2nd, 1894.
There was one great mistake, to my thinking, made by
some of the leaders of the party to which I belong in their
1 Selected Speeches, p. 78.
1892-5] BAD LEADERSHIP 311
attitude and contest against the Home Rule Bill. I
thought it a mistake at the time. I am more confirmed in
that opinion since. Some of our leaders, Lord Randolph
Churchill especially, kept declaring that it did not matter
what the House of Commons did on that subject, for the
House of Lords would in any ease throw the Bill out.
I thought at the time, and think now, that that was a
great tactical mistake. In the House of Commons we
ought to have no consideration at all of what the House of
Lords will or will not do with a measure when it has left
our House. In the House of Commons it is our business
to discuss the Bill and to frame it as we think it can best
be framed, or to resist it to the best of our power if we
think it is a mischievous measure.
When we have done our duty in the House of Commons
with regard to the matter, then, and then only, comes the
responsibility of the House of Lords, and then only should
commence the reference to the probable action of the
House of Lords. But the mischief done was great. I am
certain if there had been no House of Lords that Bill would
never have passed a third reading in the House of Commons.
It passed the third reading in the shape that it took because
many of those who objected to some of its provisions, and
who especially objected to the retention of the Irish members
in our Parliament, saw there was no chance of the Bill ever
passing into law ; and they reconciled themselves to allow-
ing it to pass in that form because they knew that the
House of Lords would probably make an end of the Bill
altogether. Now I hope that blunder will not be repeated
by any of the leaders of our party when we are again deal-
ing with a question of great importance in the House of
Commons. 1
The Home Rule Bill was thrown out in the House of Lords
by the extraordinary majority of 419 against 41. The
Prime Minister wanted a dissolution, but was overruled
by his Cabinet, and submitted. Presently he was over-
ruled again on the Navy Estimates, which he wished to
reduce. This time he would not submit ; and in March 1894
Lord Rosebery became Prime Minister.
In May of that year an important Reform Bill, having
1 Public Speeches, 1890-1900, p. 45.
312 THE FRONT OPPOSITION BENCH [CHAP, xxiv
the awkward title of the " Period of Qualifications and
Elections Bill/' was introduced by the Chief Secretary for
Ireland (Mr. John Morley) ; and a small committee, on which
I served, was appointed to report on its proposals and advise
our leaders as to the course they should take. I was com-
missioned to lead for the Opposition in the debate, and
directly the second reading was moved I proposed an
amendment declining to " proceed further with a Bill con-
taining provisions effecting extensive changes in the repre-
sentative system of the country, in the absence of proposals
for the redress of the large inequalities existing in the distri-
bution of electoral power/ 1 1 After three nights' debate the
second reading was carried by the small majority of 14 (292
against 278). The debate had made it clear that the Bill
could not live through the Committee stage, and it was not
set down again for discussion.
A Local Veto Bill which was introduced by the Chan-
cellor of the Exchequer (Sir William Harcourt) in April
1895 had an even shorter life and a more inglorious history.
Sir William made an elaborate speech in introducing it,
and, as in the Home Rule debate, I followed him at once
and dealt at length with the proposals he had just explained. 8
In the second sentence of my speech I expressed my belief
that the Bill would never be set down for a second reading.
The forecast was correct. We did not of course divide
against its introduction, and the Bill received the honour
of being printed. That was sufficient ; the House of Com-
mons never heard of it again.
I do not think Harcourt was much disappointed. Indeed
it always appeared to me that after Lord Rosebery became
Prime Minister he took but little interest in the work of
the House of Commons, with the notable exception of the
Death Duties Bill of 1894. That was a great personal
triumph. There have been in my recollection three great
exhibitions of parliamentary skill. They were the conduct
of the Reform Bill, 1867, by Mr. Disraeli, the conduct of
the Redistribution Bill of 1885 by Sir Charles Dilke, and
1 Selected Speeches, p. 154. a Ibid., p. 47.
1892-5] DILKE AND HARCOURT 313
the conduct of the Death Duties Bill of 1894 by Sir William
Harcourt. Each was a remarkable achievement. In 1885
Sir Charles Dilke showed, only a few months before the
wreck of his political career, qualities and capacities which
promised to make him one of the foremost English states-
men of his time. His extraordinary industry ; the fullness
and exactness of his knowledge ; his perfect tact and
temper in dealing with questions every one of which had
a special and peculiar importance to some member or group
of members in the House ; the air of impartiality with which
he did everything that was possible to give an advantage
to his own side, these deserved to be remembered with
gratitude by those who were his colleagues.
The achievement of Sir William Harcourt was in some
respects greater. In the case of the Redistribution Bill the
minister had not only a substantial majority to support
him, but he was carrying out a task which had been under-
taken at the instance of his opponents, and was therefore
exempt from their serious opposition. But Sir William
had to carry a novel and complicated proposal in a House
where he had only a majority of 40, which would be turned
into a minority at any moment if he offended the eighty
Irishmen upon whose support the existence of the Govern-
ment depended. Indeed the Finance Bill only passed the
second reading by a majority of 14. Met by a bitter and
pertinacious opposition, he for thirty sittings argued, and
explained, and persuaded, with singularly little aid from
an Attorney-General (Sir John Rigby), who was unused to
House of Commons debate and unfitted for it, or from his
colleagues. And on the third reading the majority was
increased to 20.
The Government spent the spring of 1895 in what Lord
Rosebery at the time described as " ploughing the sands " ;
by trying to pass a Bill for the disestablishment and di sen-
do wment of the Welsh Church, a project in which they were
of course supported by the Nationalist Roman Catholics.
The end came suddenly and strangely. The Home
Secretary (Mr. Asquith) was in charge of the measure, and
314 THE FRONT OPPOSITION BENCH [CHAP, xxiv
he fought it with firmness, eloquence, and courage. It
was almost through Committee when, on June i8th, Mr.
Gladstone, who was paired in favour of the Government,
desired to be set free from his pair, and let it be known that
he was no longer a supporter of the Bill. On the evening
of the 20th Mr. Asquith was absent from the House, and
the majority in a division in Committee fell to seven. The
next night the House was in Committee of Supply. A
discussion unexpectedly arose about the supply of cordite;
a reduction in the vote was moved, and when the division
was taken the Government was found to have been beaten
by seven. I was not in the House, though I was, I suppose,
as usual paired. My friend Penrose Fitzgerald voted in
the division, did not know that anything important was
happening, did not wait to hear the numbers announced,
and learned from the newspapers the next morning that the
Government had fallen. Some people were surprised that
a vote of confidence was not proposed, which would have
wiped out the casual defeat ; but if the incident was not
arranged, which I think it was, it was found to be a con-
venient way out of a very unpleasant situation.
Sir William Harcourt was deeply aggrieved at having
been set aside when the leadership was vacant on the retire-
ment of Mr. Gladstone. He went on for a year and a half,
and showed himself an admirable leader of the House of
Commons, but he was hardly on speaking terms with some
of his colleagues, and made no secret of their personal differ-
ences. There was another and stronger reason for the
ministers being inclined to go out on a matter of small
importance. The defection of Mr. Gladstone had sealed
the fate of the Welsh Church Bill. It had been many days
in Committee, and there had been some difficulty in securing
even a small majority. Waver ers had been kept loyal by
being reminded that he, though absent, was supporting the
Bill by his pair. Now it became very probable that, after
all the time spent upon it, this Bill, like the Registration
Bill, and the Local Veto Bill, and the Employers Liability
Bill, would have to be abandoned.
1892-5] A NEW MINISTRY 315
As in 1885 the Government went out upon the Whisky
Tax instead of Coercion in Ireland, so in 1895 they preferred
to go out on Cordite rather than on Welsh Church Dis-
establishment. Lord Salisbury was recalled to office, and
Lord Halsbury resumed his position as Lord Chancellor.
Webster and I agreed that we would refuse to submit to
any limitation of our private practice, and we discussed
the subject with Lord Halsbury, who was himself strongly
in favour of a reversion to the old system, and at his request
I prepared a short memorandum which he desired to have
with him when the matter was considered by the Cabinet.
This was on July 3rd.
On the morning of the 8th I had a letter from the Prime
Minister saying that the House of Commons members of the
Cabinet were unanimous in thinking that the House of
Commons would not give way upon the question of the
retention of private practice. He went on to say :
I do not know whether further discussion would furnish
any opening for an agreement on this matter. Our own
parliamentary and political advantages, the interests of the
Bar, as well as our recollections of the past, make us desire
very earnestly that, if we win at the elections, you should
resume your old position as Solicitor-General. I have
thought that under the circumstances the best course will
be not to make any submission as to the office of Solicitor-
General until later on. Then, if we win the elections, a
further effort must be made to discover whether there is
any middle term between your views and those to which
the House of Commons seems to cling.
I of course gratefully accepted this suggestion, and went
down to the contest at Plymouth. I felt quite confident
that I should be returned ; but an unfortunate incident had
made it necessary to find a new candidate for the second
seat. Sir Edward Bates had retired three years before;
and my colleague in this Parliament had been a young
baronet, the son of a notable shipowner and engineer who
had founded the great Fairfield Works. The son was a
3i6 THE FRONT OPPOSITION BENCH [CHAP, xxiv
young man of much ability and charming manners, an
excellent candidate and a very pleasant colleague, and his
personal qualities and his generous wealth seemed to secure
a prolonged membership for Plymouth. Unhappily a year
after his election he was the co-respondent in an undefended
suit in the Divorce Court. There was as little moral guilt
in his case as there could possibly be. The immoral con-
nection began at Oxford when he was an undergraduate,
and he had no reason to suppose that the woman who was
living a life of professional sin was a married woman. But
a strong section of the Unionists refused to support him at
another election, and we were forced to seek another candi-
date.
We found a very good one in the Hon. Evelyn Hubbard,
the younger son of the first Lord Addington. I could not
have wished for a better fellow- worker in public life. A
man of high character and education and great business
experience, sound in judgement, weighty in speech, dignified
and courteous in manner, I looked forward with the greatest
interest and pleasure to our association in political affairs.
All seemed to go well, and on the day of election we felt
sure that we should both be elected. We did not go to the
counting of the votes, but waited with many friends at the
Globe Hotel to hear the result. When the figures came they
were: Clarke, 5,575; Harrison, 5,482; Hubbard, 5,466;
Mendl, 5,298.
It was a great disappointment, and when it was presently
explained I was still more mortified. I had almost wearied
the electors with my exhortations to vote for both -of us,
and Hubbard had also. At the election in 1892 these
exhortations had been so successful that exactly the same
number of votes (5,081) were polled for my colleague and
for myself. But this time 46 had plumped for me ; and it
turned out that a number of my oldest and foremost friends
who did not vote until the afternoon, feeling quite certain
that we were both winning, voted for me only in order to
make sure that I should still be the senior member. The
contest had indeed been much closer than I had expected.
1892-5] I REFUSE OFFICE 3*7
Many of the poorer voters thought that my former colleague
had been ill-treated; the aggrieved shipwrights had not
quite got over their resentment ; and some of the Liberal
Unionists slipped back to their old allegiance, now that
Home Rule appeared to have been finally defeated and was
not mentioned in the addresses of the Liberal candidates.
Directly I got back to London discussion began again
about the Solicitor-Generalship, and eventually Lord
Salisbury sent to ask me to see him at the House of Lords.
Webster had given in, and was appointed Attorney before
his re-election in the Isle of , Wight, so of course there could
no longer be any question of a reversion to the former
practice. The Prime Minister was kind and persuasive, but
I was firm, and eventually my decision was accepted.
We shook hands, and I was leaving the room when Lord
Salisbury said, " By the by, I should like to tell you that
if at any time within the next two years Sir Richard Webster
vacates the Attorney-Generalship I shall ask you to fill his
place." I thanked him again for his great kindness, and he
said, " You may like to have that promise in writing ; I
will send it to-morrow."
The next day he wrote me the following letter :
Confidential
HATFIELD HOUSE, HATFIELD, HERTS,
August i6th, 1895.
DEAR SIR EDWARD,
In pursuance of our conversation of last night, I
write a line to say in the first place how much I regret that
you will not resume your office as Solicitor-General, and in
the second to say that in offering it to anybody else I shall
reserve to myself the right to offer you the office of Attorney-
General in case it should fall vacant within the next
eighteen months. If I can fill up the office of Solicitor-
General on these terms (which I do not doubt), you may
count on my offering you the post of Attorney-General if
it should fall vacant within the time I have named.
Yours very truly,
SALISBURY.
318 THE FRONT OPPOSITION BENCH [CHAP, xxiv
A few days later my wife and I (with her old friend who
had served as her only bridesmaid thirteen years before)
went off to Italy. We had spent a month there in the
previous year, travelling by way of Paris and Zurich to
Locarno, and then visiting Lugano, Menaggio, Milan, Venice,
Florence, Genoa, and Turin.
This time we made the first of our sea trips, and went
to Brindisi by the P. & O. boat Coromandel. We called at
Gibraltar ; and there I heard to my great joy that my friend
Robert Finlay had been appointed Solicitor-General. The
country lost nothing by my refusal of the office. It gained
the service of one of the ablest men I have ever known, a
sound lawyer, shrewd in judgement and clear in argument,
of instinctive honesty in purpose and in word, who during
the eleven years of legal office which began in 1895 estab-
lished for himself a reputation and position which, though
strangely disregarded in the clumsy political transactions
of 1915, brought him soon afterwards to his rightful place
upon the Woolsack.
Landing at Brindisi, we went to spend a week at Naples,
and then travelled by night to Bologna, just breaking the
journey for a couple of hours to have a moonlight drive in
Rome, thence for a stay of a few days at Venice, and then
loitering homewards by way of Verona, Milan, Bellagio, and
Lugano.
CHAPTER XXV
VENEZUELA AND THE JAMESON RAID I 1895-1896
BEFORE the end of the year the peaceful prospects of the
Ministry were suddenly and heavily overclouded by the
opening of a very serious controversy with the Government
of the United States. My conduct at this time was mis-
understood by many of my friends, and was wilfully mis-
represented by others. And in later years it was made a
subject of reproach. So in this book, which will probably
be the only record of my public and private life, I think
that in justice to myself I ought to make the matter clear.
For more than fifty years there had been disagreement
and occasional dispute between Great Britain and Venezuela
about the boundaries of British Guiana. Nothing of
serious importance had occurred recently to aggravate the
differences between the two countries, or to convince our
leisurely diplomacy that they urgently needed adjustment.
But in the United States a presidential election was
approaching, and a bid was made for the Irish vote. Dis-
patches were written by Mr. Olney, the American Secre-
tary for Foreign Affairs, of an unusual and somewhat menac-
ing character ; and on December i7th a message was
received by Congress from President Cleveland in which
he asked that provision should be made for the expenses
of a commission to be appointed by the Executive which
should investigate the boundary question and report without
delay. And the message went on to declare it to be
the duty of the United States to resist by every means in
its power, as a wilful aggression upon its rights and interests,
the appropriation by Great Britain of any land which after
319
320 VENEZUELA AND THE JAMESON RAID [CHAP, xxv
investigation may be determined of right to belong to
Venezuela.
These words were received with tumultuous applause.
The danger of the situation was at once appreciated by
this country. The Times on the same day on which it pub-
lished the message said :
It is impossible to disguise the gravity of the difficulties
which have arisen between this country and the United
States.
But it went on to add :
The main point at issue is not whether a case can be
made out for submitting the entire Venezuelan boundary
to arbitration. There are cogent reasons, some of which
are set forth in Lord Salisbury's first dispatch, against that
course ; but if it had been open to consideration Mr. Olney's
arguments and Mr. Cleveland's proposals would have made
the adoption of it impossible.
We must stand firmly and calmly upon our rights as an
independent state, and if necessary take practical measures
to assert them. It may even be expedient to settle the
frontier question by drawing a line of our own ; of course
there can be no thought of anything less than the Schom-
burgk line, and leaving the United States and Venezuela
to deal with the matters as they may.
This was the line generally taken in England, and the
situation became daily more threatening. On the day that
article appeared the House of Representatives unanimously
passed a Bill providing a hundred thousand dollars for the
expenses of the commission, and a Bill was introduced into
the Senate for strengthening the military forces at a cost of
one hundred million dollars.
There was a heavy fall on the Stock Exchanges. And
when The New York World sent an appeal to prominent
politicians in England to speak a word of peace Mr. Glad-
stone's answer was singularly brief and cautious, and Mr.
John Redmond, the leader of the Irish Nationalist party
in the House of Commons, replied, " If war results from the
1895-6] PEACE OR WAR? 321
reassertion of the Monroe doctrine Irish national sentiment
will be solid on the side of America. With Home Rule
rejected Ireland can have no feeling of friendliness for Great
Britain."
On January 2nd President Cleveland appointed his
commission, and arrangements were made for prompt
procedure with its work. Had our Government persisted
in its claim that the Schomburgk line must be considered
as the fixed and irreducible limit of the territory of British
Guiana, and that no discussion or arbitration could be
accepted as to anything within that line, we should in a
few weeks have drifted into war, and a war in which we
should have been in the wrong. I felt it my duty to say
this ; and said it as strongly as I could at meetings at York
and at Accrington.
On January 7th, 1896, the annual meeting of my con-
stituents was held at the Plymouth Guildhall ; and there I
gave a full account of the Schomburgk line, and of the
attempts which had from time to time been made to settle
the disputed boundary. A resolution was unanimously
passed in a crowded hall that " this meeting while regretting
the recent action of the President of the United States trusts
that Her Majesty's Government will use every means to
procure a peaceful and honourable solution of the long-
standing controversy with Venezuela as to the boundaries
of British Guiana."
I quote a few sentences from my speech :
With these facts before us it cannot be too late for a
peaceful settlement of a question such as this. Each side
must to some extent give way. We cannot under any
circumstances admit the authority of the commission which
has been appointed in the United States. We cannot under
any circumstances recognise it, or take any notice of it or
its decisions, or submit to any orders which may be given
to us by the Government of the United States in fulfilment
of that ill-advised message of President Cleveland. But
on the other hand it is not reasonable for us to say that
the line which we in 1840 laid down and communicated to
322 VENEZUELA AND THE JAMESON RAID [CHAP. XXV
other Powers, and communicated to Parliament as being
the limit of our claims to territory, is now to be considered
a fixed and unalterable line, and to say that we will only
arbitrate in respect to areas which are outside. That
would be to take as unreasonable an attitude as the United
States has taken in the message which President Cleveland
has given. I hope that without taking any notice of the
United States Commission, our Government will be able
to resume the work of negotiation with Venezuela direct
upon this matter. I trust that some mediator will be
found, not to say between the two lines whether this line
or that shall be accepted, still less to say that a particular
place in dispute is to be divided as nearly as possible
between the two, but some mediator who, looking on the
whole history of the case, at the present condition of the
Settlements in that country, at the natural delimitations
which are to be found there and are indicated upon the
map, will say, as between England and Venezuela, where
the line should be drawn. I think that such a mediator
may be found, and that his judgement may with honour
be accepted by this country as well as by Venezuela. No
doubt if that course is taken we shall have something to
bear. We shall have to bear taunts and jibes from political
opponents here, possibly from those who are not fond
of England on the other side of the Atlantic. It will not
be pleasant to be. told that we have given way. It will
not be pleasant to be told that, after such a message sent
to Congress, Great Britain has consented to arbitrate upon
matters upon which she had before refused. It will not
be pleasant. But what of that ? I do not believe in that
false and bastard honour which is afraid to do justice because
justice has been demanded with an insult or a menace. It
is our business, especially in face of the fearful calamity
that would be involved in an armed contest between this
country and the United States, to make up our mind what
is right in this matter. And when we have made up our
mind what it is right to do, let us do it quietly, calmly, not
caring what may be said of us, or what taunts may be
uttered, but content that we shall have helped to preserve
the peace of the world by that conduct which alone is worthy
of a great nation, and shown our capacity to do right
whatever the consequences or the provocation may be. 1
1 Public Speeches, 1890-1900, p. 80.
1895-6] PEACE
At the time I spoke at Plymouth, though I was not then
aware of it, an agreement was being made by which the
British Government withdrew the condition against which
I had protested, and agreed to a free arbitration. By the
award of the Arbitrators in 1899 Great Britain obtained no
territory outside the Schomburgk line; while Venezuela
obtained two portions of territory within that line, one
unimportant, the other an important area at the mouth
of the Orinoco upon which she had always insisted. My
contentions were thus entirely justified ; and although my
speeches may not have influenced Lord Salisbury in taking
the wise and statesmanlike course which removed all
danger of war, I think they were of use in justifying that
course to some of his followers as well as to his opponents.
This threatening cloud passed harmlessly away, and the
severe but momentary strain in the relations between the
two great countries left no evil effects.
But an incident which occurred at the very time when
this strain was most acute, and then seemed of much less
importance, was destined to have grave and far-reaching
results. This was the Jameson raid into the Transvaal.
That enterprise failed. Dr. Jameson and his officers and
men were made prisoners and sent to England, and while
the troopers were allowed to return to their homes, the
leader and a number of his followers were at once prose-
cuted for a breach of the Foreign Enlistment Act.
It was yet early in 1896 when Mr. Bourchier Hawkesley
came to instruct me to appear for their defence. It was a
case of great interest. I did not foresee that in its later
consequences it would change the course of my public life
and defeat all my hopes of political eminence.
The story had begun in the middle of the year 1894.
Lord Loch went to Pretoria for the opening of the Delagoa
Bay Railway, and the old President Kruger found himself
sitting with the British High Commissioner in an open
carriage over which the Union Jack was hoisted. Kruger
knew what it meant. He knew that already in Johannes-
burg the Outlanders English and German were forming
324 VENEZUELA AND THE JAMESON 'RAID k [CHAP, xxv
schemes for overthrowing the Boer Government, and he
saw that he had now to deal with an attack which would
be prepared and engineered with the encouragement, and
he believed the co-operation, of the English Government.
He immediately began to prepare for the conflict. In
August of that year negotiations were carried on with
various European firms for the supply of arms and ammuni-
tion, forts were built, and the bonds of discipline were
drawn closer in the very ill-organised forces of the Republic.
The Transvaal expenditure on services which included war
expenditure was in 1894 528,526 ; in 1895 it rose to
1,485,244.
Meanwhile the Outlanders' plans were steadily pushed
forward ; and in the latter part of 1895 they had the active
help of the British Government. Bechuanaland was a
British Protectorate, and there had been many disputes
between the native chiefs and the Chartered Company as
to territorial rights. A mission of the native chiefs came
to England; and after many discussions at the Colonial
Office, where Mr. Chamberlain was now in control, a settle-
ment was effected. It was arranged that Montisoia should
transfer to the Chartered Company a strip of land along
the frontier of the Transvaal, and that possession of this
strip, which included Pitsani Potlugo, should be given to the
Company by November 7th. It had also been arranged
that the British Bechuanaland Border Police, a military
force which many young officers had joined, being seconded
from their regiments for that purpose, should be disbanded.
At Pitsani Potlugo they were enrolled in the forces of the
Chartered Company, and Dr. Jameson was put in command.
These arrangements, even if they were not made with a view
to an attack on the Transvaal, clearly afforded the oppor-
tunity for such an attack being made.
The conspirators at Johannesburg were preparing for a
rising in that town. They had plenty of money ; and during
that autumn large supplies of arms and ammunition had
been smuggled into the district as machinery for the mines,
and were safely stored there. But an actual rising at
1895-6] THE CONSPIRATORS 325
Johannesburg without help from outside would have been
too risky ; and the nearest point where a supporting force
could .be gathered was this very spot of Pitsani Potlugo,
which was only 170 miles from Johannesburg, with no
important town to be passed on the road.
Cecil Rhodes, the Prime Minister of Cape Colony, was the
real mover in the matter ; and the preparations for aft in-
surrection at Johannesburg, and the assembly at Pitsani
Potlugo of a force which should support the insurrection and
suffice to ensure its success, were made with the full know-
ledge of the English Colonial Office. In the middle of
December these preparations were practically complete.
Rhodes went to Cape Town, where Beit and Leonard were
to await^ results. Sir Hercules Robinson was told that he
must be within reach if the enterprise should fail, and his
intervention should be necessary to prevent serious conse-
quences to the conspirators ; and two regiments of cavalry
were detained at Cape Town and Durban on their way
between England and India in case they might be found
useful. The English forces in South Africa had been
strengthened.
Miss Flora Shaw (afterwards Lady Lugard) was the
confidential agent of Mr. Rhodes in London, and had his
cypher. She called frequently at the Colonial Office, and
kept Mr. Rhodes informed of the opinions and wishes there
expressed.
At Pitsani Potlugo Dr. Jameson quite honestly and
truthfully told his officers and troopers that the advance
they were making was in the service of the Queen ; and on
December 2Qth about 600 men rode out from the border
territory on the way to Johannesburg.
An attempt was made to stop them. A difference had
arisen between Cecil Rhodes, who had agreed that the
insurrectionary movement should be under the British
flag, and some of the Outlanders, who wished to retain the
flag of the Transvaal Republic.
On December 28th a telegram was sent from Cape Town
to Dr. Jameson " It is absolutely necessary to delay flota-
22
326 VENEZUELA AND THE JAMESON RAID [CHAP, xxv
tion. If foreign subscribers insist on floating without delay
anticipate complete failure" and the leaders at Johannes-
burg assumed that it would be acted on. But news had
come to Dr. Jameson that small parties of armed burghers
had been observed on roads near which his route lay. He
believed that his reserve of horses and stores at Malmani
and Doornport had been discovered, and that if he did not
start then the whole project must be abandoned; so he
rode forward.
An accident, or the blunder of a drunken trooper, which
proved very fortunate for Mr. Chamberlain, prevented the
cutting of the wires at Pitsani Potlugo, and a telegram which
was not expected to be delivered was sent ordering Jame-
son to return. It was delivered but not obeyed ; and Dr.
Jameson and his men, having changed horses on the way,
arrived at Krugersdorp on January 2nd. Here a slight
engagement was fought; but the expedition got past the
hills where the Boers were posted, and, being within seven-
teen miles of Johannesburg, could have reached that city
without difficulty, but that they heard firing to the north of
the hills where the fight had taken place. The leaders
thought it possible that their friends at Johannesburg had
come out expecting to meet them on the northern road,
and they waited for four hours to ascertain what the firing
meant.
That delay was fatal. When they tried to move forward
they found themselves surrounded by a force which made
surrender imperative. They surrendered on a promise
that their lives should be spared ; and the Jameson raid was
over. Its chief immediate result was that it provoked
from the German Emperor, who knew or guessed the real
facts, a telegram to President Kruger which treated the
Transvaal as an independent State. There was a growl
of indignation in England. With admirable promptitude
a strong flying squadron was dispatched to the Southern
Seas. And a great increase in our naval expenditure re-
minded the Kaiser that in the then condition of his fleet
Germany could only play a subordinate part in the politics
1895-6] DR. JAMESON 327
of the world. From his resentful consciousness of this
fact many momentous results have flowed.
When the prisoners arrived in London I had the pleasure
of making the acquaintance of Dr. Jameson, an acquaint-
ance renewed and strengthened ten years later when he,
who in the circling wheel of political change had become
Prime Minister of Cape Colony, received me as his guest at
Groot Schoor.
I never met a man whose noble nature shone so strongly
through all the sayings and doings of a simple and un-
affected life, and compelled the respect and affection of all
who came in contact with him. He was " as the greatest
always are, in his simplicity sublime."
He talked quite frankly about the happenings in the
Transvaal. About the consequences to himself he seemed
absolutely indifferent ; all his concern was for the men
who had followed him, and so been led into the adventure
for which they were now to be tried.
He was very much relieved when it was announced that
only five of his officers would actually be included with him
in the prosecution. The proceedings at the Bow Street
Police Court were almost formal.
I was of course shown all the messages and letters which
had passed between London and South Africa, and between
Johannesburg and Cape Town and Pitsani.
But I received definite instructions that no question was
to be asked, or any fact elicited, that might suggest that
any department or official of the British Government knew
of the preparations for the enterprise, or was directly or
indirectly responsible for it.
The trial at the Royal Courts came on in the last week
of July and lasted for five days. It was a trial at Bar
before three judges, Lord Russell, the Lord Chief Justice,
presiding, and being supported by Baron Pollock and Mr.
Justice Hawkins. Sir Richard Webster, as Attorney-
General, prosecuted, with Sir Robert Finlay, the Solicitor-
General, and Henry Sutton, C. W. (now Sir Charles) Mathews,
Horace (now Mr. Justice) Avory, and Rawlinson as his
328 VENEZUELA AND THE JAMESON RAID [CHAP, xxv
juniors. I defended Dr. Jameson, Carson (now Sir Edward),
C. F. Gill, and Alfred Lyttelton being briefed with me ;
and Sir Frank Lockwood and Wallis 'and Roskill defended
the other prisoners.
The trial was conducted with great dignity by the Lord
Chief Justice. At the Bar Charles Russell had been one
of the most powerful advocates of his time. His industry
and energy and shrewd and rapid judgement made him
always a very formidable opponent. And they were greatly
helped by his personal advantages. A commanding
presence, a full clear resonant voice, a flashing eye and
imperious gesture, often bore down opposition, and unnerved
the witness he was cross-examining, or a young counsel
who was appearing against him, and sometimes even the
judge-. When he had a very strong case and felt certain
of winning he was superb. But if difficulties unexpectedly
arose he became impatient and irritable, and would often
compel a reluctant client to an unsatisfactory compromise.
When he became a judge the faults of manner and temper
which had prevented his being very popular at the Bar
gradually disappeared. His death at the age of sixty-eight
was a national calamity; for he was then a judge of the
highest class, just, painstaking, and courteous, sound in
learning, and resolute that right should be done. I have
no doubt that if he had been spared for ten years longer
he would have ranked among the greatest of English
judges.
The Jameson trial was not very interesting. There was
no dispute about the facts ; and as my instructions precluded
me from taking the line of defence which would certainly
have been successful, my chief concern was with certain
important questions of law upon which I felt sure that the
ruling of the judges would be against me, although I was
confident of success when they should be argued before a
higher court.
Dr. Jameson did not expect to be acquitted, and I think
he did not desire it. He was quite willing to bear any
penalty, and was hopeful that his condemnation and punish-
1895-6] AN EVIL PRECEDENT 329
ment might avert serious mischief in South Africa, and
possibly in England.
The summing up was careful, dignified, and quite fair ;
but at its close the Lord Chief Justice made a strange
departure from the proper and well-established practice of
our courts. Instead of contenting himself with recapitu-
lating the evidence and directing the jury as to the law,
and then leaving to them the responsibility of the verdict,
he asked them to answer certain questions of fact, and then
upon their answers directed them to find a verdict of guilty.
I protested, but the Chief would not suffer any interference.
Sir Richard Webster, who felt as strongly as I did the
impropriety of the judge's action, has since (in his volume
of recollections) said that I missed a great opportunity, and
expressed his surprise that I did not more firmly insist on
my protest being listened to. It may be that the criticism
is just ; but I do not now see what good purpose would have
been served by a violent scene in court, or by my calling
on my colleagues to retire with me from the court. The
protest, however, was not wholly ineffective. I am not
aware that the evil precedent then set has ever been fol-
lowed, either by Lord Russell himself or by any other
English judge.
The verdict of " Guilty " was with some little difficulty
obtained ; and then the question arose of arranging for
the argument of the questions of law. This, however, Dr.
Jameson absolutely refused to permit. He told me that
he had made all arrangements for going off to prison ; his
portmanteau was packed, and he did not wish any more
discussion about it.
Five years later there was a curious echo of the Jameson
case. Speaking in the House of Commons on March gth,
1901, Mr. (afterwards Sir) Arthur Markham made a violent
attack on Messrs. Wernher, Beit & Co. He was challenged
by Mr. (afterwards Sir) George Lewis, writing as their
solicitor, to repeat his accusations where they would not
be sheltered by parliamentary privilege, and he promptly
did so.
330 VENEZUELA AND THE JAMESON RAID [CHAP, xxv
Speaking at the Victoria Hall, Mansfield, on May 7th,
he said, " I charge Mr. Arthur Beit and Messrs. Eckstein
with being thieves and swindlers in connection with the
part they have played in financial operations in South
Africa." An action for slander was brought at once; and
in due course the defendant pleaded that his statements
were true, and gave particulars of justification.
These particulars contained no allegation of any dis-
honest action of the plaintiffs in their financial transactions ;
but dealt in vague terms with the political affairs of South
Africa, and the part Messrs. Beit had taken in financing
the Chartered Company.
The fifth paragraph of the particulars was the most
important. It stated that towards the end of 1895 the
plaintiffs became " prime-movers in and instigators of acts
of armed hostility against the South African Republic."
It was a serious position for others besides the defendants.
Mr. Beit came to my chambers with Mr. Hawkesley for
consultation. They told me that if the particulars stood
it would take a staff of clerks six months to arrange the
documents in their possession which would have to be
disclosed in their affidavit of documents. But much more
important was the fact that they had, and would be obliged
to disclose, the originals or copies of the telegrams which
had passed between London and South Africa or be-
tween Cape Town and Johannesburg at the time of the
Jameson raid; the telegrams the production of which
before the House of Commons Committee had somehow
been avoided.
I advised an application to strike out these paragraphs
of the particulars as irrelevant and embarrassing. Master
Archibald refused to strike them out. Mr. Justice Jelf
affirmed his decision.
Then we went to the Court of Appeal, and had a stiff
fight before Lord Esher and Lord Justice Stirling.
Roskill was with me for the plaintiffs, Rufus Isaacs and
Norman Craig on the other side. Judgment was given in
our favour, Lord Esher said " Paragraph 5 amounted,
1895-6] A GRACEFUL COMPLIMENT 33*
shortly stated, to an allegation that the plaintiffs made
political agitation subservient to their personal interests.
" That was not the charge which the defendant made in his
speech, and it was not in respect of any such charge that
the action was brought."
All the particulars of this kind were struck out.
No further appeal was made. Mr. Markham withdrew
his charges and apologised, and the action was withdrawn.
What was done with the telegrams I do not know, but I
have no. doubt they soon passed out of the possession of
Wernher, Beit & Co.
My grateful clients paid me a very pleasant and graceful
compliment.
At that time I was busy as President of the City of
London College in raising funds for the extension of the
College premises. Without any communication with me
Messrs. Wernher, Beit & Co. sent to the treasurer of the fund
a cheque for a thousand guineas.
CHAPTER XXVI
A PRIVATE MEMBER I 1896-1899
WHEN I came back to parliamentary work at the beginning
of 1896 I took my seat on the second bench above the
gangway, just behind my leaders. For the next four years
I had a very pleasant position in the House. My leaders,
with one exception which I will mention later on, were very
friendly, and constantly let me into consultation with them
on Bills or motions that were under discussion.
I did not speak often, but the Speaker gave me all the
opportunities I desired, and although after enjoying for
nine years the close and pleasant companionships of a
front bench, I found the position of a private member
rather dull, there was some compensation in not being
compelled to constant attendance, and in being quite free
to absent myself from a debate, or to pair for a division.
And the authorities of the House were good enough to
continue to me the valuable privilege of having a private
room in which I could do my legal work.
This largely increased. It appeared that the knowledge
that I was free from official duties brought me more clients ;
and no doubt the fact that Webster and Finlay were now
withdrawn from private practice had something to do with it.
Towards the end of the year 1896 a new subject, and one
which seemed to me of great importance, was brought under
public discussion, and I gave much time and labour to
its study. It was the financial relations between Great
Britain and Ireland. After the failure of Mr. Gladstone's
Home Rule Scheme in 1893, the Liberal Government
appointed a Royal Commission " to inquire into the
332
1896-9] IRISH FINANCE 333
Financial Relations between Great Britain and Ireland
and their relative taxable capacity." It was a commission
which consisted almost entirely of members of the Liberal
or Nationalist parties, the Unionists having refused to serve,
and was probably intended to assist in some way in the
revival of the Home Rule Scheme. But for the examina-
tion of the questions of financial fact which it was directed
to consider it was a very strong commission. Mr. Childers,
Lord Farrer, Lord Welby, and Mr. Bertram Currie were
among its members, and Sir Edward Hamilton and Sir
Robert Giffen were among the chief witnesses called.
The commissioners with practical unanimity set forth
in their report the following conclusions :
1. That Great Britain and Ireland must, for the purpose
of this inquiry, be considered as separate entities.
2. That the Act of Union imposed upon Ireland a burden
which, as events showed, she was unable to bear.
3. That the increase of taxation laid upon Ireland between
1853 and 1860 was not justified by the then existing cir-
cumstances.
4. That identity of rates of taxation does not necessarily
involve equality of burden.
5. That whilst the actual tax revenue of Ireland is about
one-eleventh of that of Great Britain, the relative taxable
capacity of Ireland is very much smaller, and is not esti-
mated by any of us as exceeding one- twentieth.
Upon the publication of this Report there arose an
agitation in Ireland which was remarkable for the fact that
Home Rulers and Unionists, Roman Catholics and Protes-
tants, all classes and all ranks, were in agreement.
I carefully studied the two volumes of evidence published
with the Report, and satisfied myself that these con-
clusions were fully proved. And it appeared to me that a
great opportunity was offered to the Unionist party for
redressing a grievance for which Mr. Gladstone was chiefly
responsible, and giving a conspicuous proof that Ireland could
safely trust to the justice of the Imperial Parliament. So
I devoted to this subject the whole of my annual address
334 A PRIVATE MEMBER [CHAP, xxvi
to my constituents on January 4th, 1897. I said at the
close of that speech :
We are told I see it every day that such contentions
as I have been discussing to-night, and as I have to some
extent endorsed and supported, lead straight in the direc-
tion of disintegration or Home Rule. I am of precisely an
opposite opinion. In my judgement it is essential to main-
taining our position as Unionists that we should be prepared
to listen to complaints of this kind, and should be prepared
to remedy them if we find an injustice has been done. We
owe justice to all. We owe that justice, strict and scrupu-
lous justice, to the stranger ; and to one of our own house-
hold and family we owe something more than justice we
owe the most generous consideration, the most anxious care
to see lest there should have been any wrong done, the
most determined resolution to remedy the wrong if wrong
there be ; and I do not think we should be diverted from
that course of honour and of duty even if our poorer sister
who complains that injustice has been inflicted upon her is
somewhat querulous, and somewhat unfriendly in the tone
of her complaint/' 1
The opportunity was unfortunately thrown away. The
Government declined to accept the conclusions I have just
set out, and announced that another Royal Commission
would be appointed. The terms of reference to that com-
mission were published. They were clumsy and obscure,
but practically covered the same ground as had already been
explored. The Irish members thereupon claimed and
obtained an opportunity for debating the whole question,
and on March 29th, 1897, Mr. Blake moved, " That in the
opinion of this House the Report and proceedings of the
Royal Commission on the Financial Relations of Great
Britain and Ireland establish the existence of an undue
burthen of taxation on Ireland which constitutes a great
grievance to all classes of the Irish community and makes
it the duty of the Government to propose at an early day
remedial legislation."
Sir Michael Hicks-Beach, as Chancellor of the Exchequer,
1 Public Speeches, 1890-1900, p. 96.
1896-9] A LONG SPEECH 335
vigorously opposed the motion, but declared that he
desired to do full justice to the claims of Ireland under the
Act of Union, but needed further information and more
time for consideration.
I spoke at some length on the second night of the debate.
Indeed it was the longest speech I ever made in the House
of Commons, and lasted nearly two hours ; but the subject
was complicated, and needed full as well as careful treat-
ment. I maintained the contentions I had put forward
at Plymouth, and insisted that no new commission was
required ; that the facts had been ascertained ; and that
the question of remedy was one for the House and the
Government, and not for any Royal Commission. 1 After
three nights' debate the motion was defeated by 317 to 158,
a strictly party division.
The proposed new Royal Commission was not heard of
any more.
The grievance which then existed has been to some
extent mitigated, though not wholly removed, in later years ;
indeed in 1898 the passage of the Irish Local Government
Bill was assisted in the usual way by a dole of three-quarters
of a million in relief of rates. But I have always regretted
that occasion was not taken then to adjust fairly the
financial relations between the two countries with the help
of Irishmen of different parties who might have been brought
into direct and responsible relation with the English Govern-
ment.
But in 1897 the Government had a larger majority than had
been known since the passing of the Reform Bill of 1832, and
it was believed that Home Rule had been finally defeated.
Sir Michael Hicks-Beach was very angry at my speech.
He had never been very friendly, and always resented my
incursions into financial questions. He knew that I was not
a sound Free Trader in the sense of the Manchester School,
and on one occasion when I had been to Sheffield in 1892,
making an election speech for my friend Bargrave Deane,
he complained of my advocacy of Fair Trade, and spoke
1 Selected Speeches, 91.
336 A PRIVATE MEMBER [CHAP, xxvi
contemptuously to Mr. Mundella of lawyers who thought
they knew something about trade. Our relations were
somewhat strained after the speech on Irish Finance.
I spent the autumn of that year at Thorncote, for
although the Long Vacation had begun parliamentary duties
prevented my leaving England, and at the end of September
I received the following letter :
Private
HATFIELD HOUSE, HATFIELD, HERTS,
September ^oth, 1897.
DEAR SIR EDWARD,
It is possibly known to .you that Lord Esher has
intimated that he cannot resume his work in the Courts of
Appeal after the vacation. In view of some communica-
tions which passed between us with reference to vacancies
which might take place within two years, you will probably
expect that this preface will be followed by a statement
that I have offered the Mastership of the Rolls to Webster,
and should be happy to nominate you for the Attorney-
Generalship. I have made the offer to Webster but he
has declined.
All therefore that I can' do, in pursuance of our under-
standing, is on the principle of cy pres, to ask if you will
undertake the Mastership of the Rolls. How such an offer
will strike you of course I cannot judge. It is enough for
me that your eminent ability and your indisputable position
at the Bar entirely authorises me to submit the proposal
to your judgement.
Yours very truly,
SALISBURY.
I had no hesitation in declining the offer, and sent my
answer on the day I received it.
DEAR LORD SALISBURY,
I am naturally much gratified by receiving your
kind letter this morning with the offer of the great dignity
of the Mastership of the Rolls. It is a great honour to have
been thought worthy of filling so high a judicial post, and
the pleasure of receiving such an offer was much enhanced
by your very kind expressions with regard to myself. You
have certainly more than fulfilled the promise you made
1896-9] I REFUSE JUDICIAL OFFICE 337
two years ago. But tempting as in some respects the sug-
gestion is, I feel that I ought to decline it. The great loss
of income which its acceptance would involve cannot of
course be left wholly out of consideration, but it is not this
which determines my reply.
To accept a purely judicial office would at once shut me
out from that part of the work of my life which gives me
most interest and pleasure. The House of Commons is,
of course, less attractive than it was when I sat on the
front bench and there enjoyed the constant association with
those who were engaged in the conduct of public affairs.
But whether in office or not, I hope for some years to come
to retain my seat in the House, and there to be able to
render some service to you and to the party which is proud
to follow you. If at any time a vacancy should occur for
an English Law Lord, and you thought me worthy of the
post, I would accept it with pleasure, as I should still be
able to take part in those public affairs which are not essen-
tially of a party character. But for the time being I am
content to remain at the Bar, and I have the satisfaction
of knowing that there are others better fitted than I for the
dignity and responsibility of judicial office, which for these
reasons, and with every acknowledgement of your personal
kindness, I beg to decline.
I am, dear Lord Salisbury,
Very faithfully yours,
EDWARD CLARKE.
I have never regretted my refusal, though in later years
I felt some disappointment at receiving no further of er of
judicial dignity. When I spoke of others better fitted than
I to fill the post I was thinking chiefly of my old friend
Mr. Justice Lindley, and a little later I was delighted to
hear that he had been appointed. He brought to the
discharge of his difficult duties patience in listening, clear-
ness of thought, and firmness of judgement ; and a know-
ledge and experience far larger than mine of the doctrines
and practice of the Equity Courts. I have no doubt that
the public service gained by my refusal.
I need not give any narrative of my doings during the four
years which followed my refusal of the Mastership of the Rolls.
338 A PRIVATE MEMBER [CHAP, xxvi
My professional income continued steadily at the very
high level which it had reached, and when the courts were
sitting I had very few hours of leisure.
There was little political excitement. In the House of
Commons everything was quiet. In presence of so strong
a Government majority the Liberals and the Irish Nation-
alists were alike helpless. The Irishmen were divided into
two discordant groups ; no successor had been found to
Parnell, Blake was a failure, and Redmond had not yet
made good a claim to leadership. During these four years
there was a steady course of useful legislation, and I had
the pleasure of helping to carry into law four measures in
which I had long been interested. One of these was the
Irish Local Government Act, which I had mentioned in my
Southwark Address in 1880 as the first of the constructive
measures which were required for improving the condition
of Ireland.
For the other three I had been working in and out of
Parliament for many years.
When I came back to the House of Commons after my
temporary exclusion in 1880 I found the House discussing
an Employers' Liability Bill, and the first speech I made as
member for Plymouth was an attack on the judge-made
doctrine of common employment which had done so much
to deprive working men of the benefit the legislature had
intended to give them. In 1888 we had tried to pass a Bill
on this matter. It was read a second time, and then went
to a Grand Committee, where Home Secretary Matthews
and I were busy many days in discussing the clauses with
quite satisfactory results.
Then it came back to the House, and was opposed and
at great length discussed. The session was nearing its end,
the pressure of work was great, and all the time we had
spent on it was thrown away through the foolish rule which
treats as waste paper all the work that is not finished in a
single session.
In 1893 the Liberal Government passed a Bill through
the House of Commons and then tore it up in a fit of temper
1896-9] WORKMEN'S COMPENSATION 339
because the House of Lords insisted on a perfectly reason-
able amendment on which the House of Commons had been
almost equally divided. Speaking at Plymouth in 1895, I
said that we should not think so much of Employers'
Liability as of Workmen's Compensation, and expressed
my hope that a Unionist Government would bring in a
Workmen's Compensation Bill which would secure com-
pensation to all workmen injured by accidents in the course
of their employment, without all the appeals and all the
expense which had retarded the Act of 1880.
In 1897 Mr. Chamberlain brought in and passed such an
Act, and I gave him all the help I could. When the Bill
came on for second reading there was some opposition from
our own side, and I made the strongest speech I could in
favour of the measure. Mr. Chamberlain was delighted,
and paid me an unusual compliment. When I sat down he
left his place on the front bench, came and sat down beside
me, cordially shook hands, and warmly thanked me for
what he called a great service.
In my Southwark Address I had set out as one of the
matters upon which I hoped I might usefully assist in the
work of legislation the removal of the rule which prevented
a person charged with crime from giving evidence on his own
behalf and would not permit his wife to be called as a
witness, and I had lost no opportunity, since that address
was written, of denouncing that rule as mischievous and
unjust. 1 This simple and obvious reform had been accepted
by the House of Commons in 1870 ; it had the support of
the leading lawyers on both sides of the House ; but it took
twenty-eight years to carry it. At last in 1898 the Bill
passed into law, and I hope the speech I made upon the
second reading helped to swell the majority which then
supported it.
An experienced and friendly critic (Mr. now Sir Henry
Lucy) said it was one of the best speeches I had ever made
in the House of Commons. 8
1 See Public Speeches, 1890-1900, p. 25.
2 Graphic, April soth, 1898 ; see Spectator of same date.
340 A PRIVATE MEMBER [CHAP, xxvi
There was yet one measure in which I took a very special
interest. I had for years been busily engaged at the London
Municipal Society upon the subject of London Local Govern-
ment. And ever since the year 1883 I had been in close
and constant touch with the Special Committees of the
Corporation which, under the able leadership of Alderman
Faudel Phillips, and Mr. (now Sir) Homewood Crawford,
had from time to time examined and reported upon the
various schemes brought forward for the reform of London
Government; schemes which, when they came from the
Liberal side, always involved the practical destruction of the
authority and privileges of the City Corporation.
Indeed in 1895 I had a good deal to do with the prepara-
tion of a Report of the Special Committee which not only
criticised the methods and combated the conclusions of the
Courtney Commission, but, as The Morning Post said, " con-
tained a complete plan for the completion of the Local
Government of London."
That plan was in substance carried out by the London
Government Act, 1899.
When that Bill came on for second reading a formal
attack was made upon it by the Opposition, and Mr. Herbert
(now Lord) Gladstone moved an amendment condemning
the Bill because it failed " to simplify and complete the
existing system and rendered more difficult the attainment
of the unity of London." The amendment was in substance
an attack upon the City, and I rejoiced to have an oppor-
tunity in the second night of the debate of vindicating the
great Corporation of whose tradition and dignity and
efficiency I as a citizen born and bred was very proud. 1
When that Act was placed upon the Statute Book the chief
objects which had kept me busy in Parliament for many
years had been accomplished, and my parliamentary life
appeared to pass into a quiet phase.
It was not to last long, and there was a stormy time before
its close.
1 Selected Speeches, p. 242.
CHAPTER XXVII
THE WAR IN SOUTH AFRICA I
SOON after the courts rose for the Long Vacation in 1898
I went off with my eldest son for a trip in the P. & O. steamer
Lusitania to the northern capitals Copenhagen, Stock-
holm, and St. Petersburg. It was a delightful trip, full of
interest, and included four days spent at Moscow, and on
the return journey an interesting passage through the lately
opened Kiel Canal.
At the annual meeting of the Plymouth Conservative
Association on October nth I gave an account of a very
notable event which had happened in Russia just as we
reached its northern capital.
The first and principal part of my holiday this year was
given to a trip to the Baltic, and when I left England on
August 1 7th there were apprehensions abroad with regard
to the relations of this country with Russia, especially in
connection with transactions that were taking place in
China relations of this country towards Russia which
could scarcely be described as peaceful relations, and
appeared to many to indicate the probability of war. While
we were on the seas the clouds darkened. When I reached
Stockholm we heard of strong language and strong action
by our representative at Pekin which seemed to make it
very probable that serious difficulty would result ; and when,
on the morning of the last day in August, we steamed in
among the forts of Cronstadt we had some expectation
that news might reach us which would disappoint, even at
the last moment, our hope of seeing St. Petersburg. For-
tunately that apprehension proved to be unfounded, and
not only was there no declaration of war between the two
23 341
342 THE WAR IN SOUTH AFRICA [CHAP, xxvn
countries, but on the very day on which we had entered
the roadstead at Cronstadt the Russian Emperor had taken
a step which I hope and believe may, with the assistance
of the statesmen and the peoples of Europe, lead to a great
benefit to the world at large. He invited the nations of
Europe to confer together as to the means of checking that
great increase in their armaments which is casting so heavy
a burden upon the peoples, and upon the industry of Euro-
pean countries. He took a notable occasion for issuing
that invitation to peace. He chose the occasion on which
he was opening in Moscow the memorial to the great
Emperor Alexander II, who in 1861 gave freedom to thirty-
five millions of people by the emancipation of the Russian
serfs. The opening of that monument to Alexander II was
in itself a notable event in the history of Europe. The
scene, the circumstances of that memorial were in them-
selves remarkable. On the brow of the hill which rises
steeply from the river at Moscow there stands the ancient
Kremlin, a town within a town. Its walls, two miles in
circuit, enclose arsenal, palaces, and convents, the wealthiest
treasury that the world has to show, and the richest shrines
ever dedicated to Christian worship. And the Kremlin
crowns with its splendour the manifold beauties of that
strange city. As you stand upon the hill and look out
over Moscow, there rise from wondrous fields of dark green
roofs the gold and purple glories of spire and dome ; and
there, at the spot which is associated with all that is most
strange and remarkable in Russian history, the Emperor
inaugurated the splendid monument, not unworthy in its
grandeur of the glories of the Kremlin itself, to Alexander II,
who had conferred this great benefit upon the world. It
was a remarkable occasion. I believe myself that what
this Emperor has done in 1898 may be an act fuller in
blessing and benefit to the world than even the great emanci-
pation of the serfs of Russia in 1861. It is an invitation to
the nations to consider how far they are to go on in the
rivalry of expensive armaments how far it is possible to
substitute Christian statesmanship for this extravagant
and wild rivalry of military and naval expenditure/' l
The appeal of the Czar was not wholly neglected. A
conference took place at the Hague. The question of a
1 Selected Speeches, p. 277; Public Speeches, 1890-1900, p. 124.
1899-190] WAR FOR COMMERCE 343
limitation of armaments was scarcely discussed ; but some
minor resolutions were passed, and one important one was
unanimously adopted that a permanent tribunal of nations
should be established in Europe to which when controversies
arose between them the questions in dispute should be
referred for arbitration. That proposal of arbitration was
made by the representative of Great Britain. How utterly
worthless the declaration was was shown by the conduct
of the British Government and the British people within
six months of its adoption.
Meanwhile a singular incident induced me to make a speech
which seriously displeased a section of my constituents.
I was as usual spending the first week or two of January
among them, and had undertaken to propose the toast of
" The Port of Plymouth Chamber of Commerce " at the
annual dinner of that Chamber, which was fixed for
January 5th, 1899.
On the morning of that day there appeared in the news-
papers a manifesto of the Cobden Club which must have
made the peace-loving founders of the Manchester School
shudder in their graves.
It said :
The Cobden Club should so extend the work it has
hitherto pursued as to include within its scope a vigilant
observation of the foreign policy of the Government and
an effort to secure the constant acceptance of the views
which are here defined. . . .
That in any country now passing under the control of
a foreign power where England had already established
commercial interests she should insist upon the policy of
the open door.
She can assure France or Russia or Germany that while
she willingly recognises the absolute right of each of them
to fix whatever tariff suits them in their own countries,
where whatever interest British subjects may have has
grown up under their laws and government, she yet cannot
recognise that they have a similar right in countries now
passing under their control, and where Englishmen have
already established interests. She can honestly say to
344 THE WAR IN SOUTH AFRICA [CHAP, xxvn
those countries, " We do not seek to enforce this as a right
in our own case, and we dispute and must continue to dispute
your claim to do so."
That evening in a speech which I reprinted under the
title of War for Commerce 1 1 made my protest against what
I described as " the very dangerous tendency to look to
force as an agent of the commercial interests of this country."
I declared that the idea which was lately gaining ground
of the necessity of increasing the extent of our territorial
possessions in order to increase the volume of our trade
was an absolute mistake, and I added :
But I want to go a step further than this. So far as I
can judge of facts and figures, it is not simply that there
is no such profit to be got by taking up claims or by defend-
ing the " open door " at the cost of war, as some people
will think. But if it were true that we could to our own
profit extend our commerce by force by war I should
denounce the doctrine that we had a right to do it as a
wicked doctrine. The only legitimate weapons of com-
mercial warfare are bounties and tariffs ; a lefusal to deal
with people who will not treat you fairly, the giving of
special benefits to those whose industrial prosperity will
be useful to yourselves. You may, if you like, distrust or
despise those weapons. If you refuse to use them, you
must rely, and can only rely, on the natural advantages
of your country, and upon the character, and the intelli-
gence, and education of your people. It is amazing to me
to note that men who have stood by unmoved whilst im-
portant British industries were being destroyed and flour-
ishing British colonies were being ruined, and have refused
to do anything to help them because the simple and just
remedy of an intercepting duty would vex their economic
orthodoxy as Free Traders, should at this moment appar-
ently be prepared to embark on a commercial policy which
means not advancing the welfare of the country, but hin-
dering it and crippling it by adding the penalties and
extravagancies of war to the work we are doing throughout
the world. I have indicated the methods of commercial
warfare which, I believe, are the only methods that are
1 Selected Speeches, p. 290; Public Speeches, 1890-1900, p. 131.
1899-1900] IN PLYMOUTH GUILDHALL 345
legitimate, and I protest that if you pass beyond those
methods of commercial warfare, and seek to extend the area
of your commerce by the use of Maxim guns and Lyddite
shells, and all the devilish contrivances of modern war,
you are embarking on a policy which is a crime in ethics as
w r ell as a blunder in policy. " War for commerce " sounds
a very innocent phrase, and may be allowed to pass.
" Murder for gain " has an uglier sound, but it as truly
represents the course of the policy which I denounce to-night.
I was soon made aware of the dissatisfaction with which
my speech was heard and read. I was not surprised, for
in my closing sentences I had pointed out that
Plymouth, lying as it does close to the great harbour
associated with the naval and military strength of the
country, might seem the most likely place in which these
mischievous doctrines might find their acceptance.
And knowing this I felt myself bound to repeat my
protest with all the emphasis I could give it when four days
later I stood before a great audience which crowded the
Guildhall.
I had then no idea that it was the last time I should
speak in that splendid hall to the constituents whom for
nearly twenty years I had been proud to represent, but as
I now quote the final passage of that speech I can almost
think that I had some premonition of the future.
I have spoken strongly in Plymouth this time with
regard to this matter. I am entirely indifferent to criticism,
and comments which are made upon me with regard to
speaking thus, when my speaking is for the moment not in
exact accord with the present popular feeling. I am quite
careless of that. As the time goes on you will have plenty
of men to speak to you whose voices are simply the echo
of what happens to be the wish of the crowd at the time.
At all events you have not that in me. It has been my
privilege to speak to you for many years. I have not said
anything to you which I did not say with my whole heart,
expressing in it my judgement my independent judgement
346 THE WAR IN SOUTH AFRICA [CHAP, xxvn
upon public questions. Now I only wish to express the
hope that as we go forward in the work of Parliament, doing
that work which is necessary for the good government and
welfare of the country, we shall be supported by the people,
resolved to do their duty to the world, as a nation, to do
that duty steadily and unflinchingly, flinching from no
sacrifice that is necessary to enforce their right, but shrink-
ing from any action that will imperil the cause of peace
unless that action be demanded by the strongest bonds of
national honour and national duty. 1
During the early part of this year the difficulties with
the Transvaal were rapidly becoming more serious. Little
was known by the public, who for the most part had great
confidence in Mr. Chamberlain and Sir Alfred Milner, who
themselves believed almost to the last moment that there
was no real danger of war, and that President Kruger would
yield to all their demands as soon as he could be brought
to believe that this country was in earnest.
The diplomatic correspondence of the Colonial Office was
curiously dilatory and unconciliatory, but the Government
seemed to have little uneasiness, and no important military
preparations were made. In fact but for an accidental
meeting between Sir Redvers Buller and Lord Salisbury's
private secretary no serious preparations would have been
made at all. It is true that Mr. Chamberlain saw Sir Henry
Campbell-Banner man and asked him as Leader of the
Opposition whether he would support the sending of twenty
thousand of our troops to the Cape, but he explained that
he did not think there would be any fighting, and that it
was part of a policy of bluff. Certainly when I left England
for my autumn holiday there was no general expectation
that the disputes would result in war.
I went again to Russia. The trip with my son in the
previous year had been so pleasant that I wished my wife
to see the splendours of Moscow and St. Petersburg, and
the beauties of Stockholm and Christiania and Copenhagen.
There was then no cloud over our political relations with
1 Selected Speeches, p. 15; Public Speeches, 1890-1900, p. 123.
1899-1900] SIR ROBERT HERBERT 347
Russia, but when we were passing the Cronstadt forts, and
the customary strict investigation was made of the list of
passengers, the inspecting officer pointed out that I had
come there in the previous year, and expressed some
curiosity as to my reasons for so soon repeating the visit.
We had some very interesting fellow -passengers. The
Dowager Duchess of Cleveland was one of the most delight-
ful a dear old lady, full of vivacity and charm. But the
two with whom I spent most of my time on board ship were
Sir Robert Herbert and Sir Andrew Clarke.
If I had had the choice of my companions on the trip I
could not have chosen two more pleasant and more valuable
than these two distinguished men. Sir Robert Wyndham
Herbert, a gentleman by birth and character, after a bril-
liant career at Oxford, entered the Civil Service and rose
to its highest rank. From 1871 to 1892 he was Assistant
Under-Secret ary at the Colonial Office. He was described
by Mr. Chamberlain in one of his interruptions of my speech
in the House of Commons as " the only person living who
knows really intimately the history of the whole of this
(South African) question."
Sir Andrew Clarke was the great military engineer to
whose genius and energy we mainly owe the great docks at
Chatham, and Portsmouth, and Queenstown, and Keyham,
and Malta and Bermuda, who knew many colonies and was
as experienced in civil administration as in military organ-
isation, and was rich in the varied knowledge which made
his conversation a privilege and a delight.
With these two distinguished men, both exceptionally
well qualified to form a sound opinion, I had long conver-
sations on South African affairs. I found both of them
gravely uneasy. They were both apprehensive that war
was coming, and were keenly alive to its difficulties. Their
chief ground of anxiety did not in fact when war actually
broke out prove nearly so great a danger as they feared.
They knew that there was always a great deal of unrest
among the native population, and were disposed to think
that there was great probability of a general native uprising
348 THE WAR IN SOUTH AFRICA [CHAP, xxvn
in the event of a war between the two white races. Of course
I did not ask Sir Robert Herbert any questions about the
affairs of the Colonial Office, nor did he give me any infor-
mation, but we discussed freely the facts which were known
to the public, and when I returned to England at the end
of a four weeks' trip I came back with much anxiety as to
the future, and a resolve to do all that might be possible for
me to assist in averting the calamity of war.
When we returned in the middle of September, Lady
Clarke and I went to Sherborne Castle on a few days' visit
to my friend Mr. Wingfield Digby. I studied with great
care all the official papers published during my absence, and
on September iQth I wrote a letter to The Times, which was
published the following day.
SIR,
After carefully reading this morning the latest
dispatch of the Government of the South African Republic,
I turned to your leading article, and was greatly surprised
to find it described as " unbending and unconciliatory in
tone" and in substance "a complete rejection of the
British demands." It seems to me that this is an inaccurate
description, and one which will seriously mislead the judge-
ment of the great majority of your readers, who will probably
not take the trouble to read the dispatch itself and to
examine it in its relation to the previous correspondence.
I do not, however, ask you to allow me to discuss in
your columns the present situation of the Transvaal con-
troversy. I can find an appropriate opportunity of doing
that when I address my constituents next week. But I
beg you to allow me to call attention to a very serious ques-
tion which at once arises if the Government takes the same
view as you do of this dispatch.
You say that Her Majesty's Ministers must now recon-
sider the whole position, and you add : "A fresh Cabinet
Council will, of course, be summoned within the next few
days, though possibly Ministers may not on that occasion
finally shape those proposals of their own for a final settle-
ment which they now stand pledged to formulate."
Now, sir, if this course be taken, and if Ministers, as you
suggest, treat this dispatch as " necessarily and irrevocably
1899-1900! BEFORE MY CONSTITUENTS 349
closing the chapter opened at the Bloemfontein Conference "
their first duty will be to advise Her Majesty to call Parlia-
ment together at once.
I cannot inngine it possible that they would take the
responsibility o, advising the Crown to declare war against
the South African Republic, in enforcement of a policy which
has not yet been announced or even formulated, without
taking the propei means of ascertaining whether that
policy has the approval and support of the people of the
United Kingdom. There may be reasons, not yet apparent,
which would justify war with the Transvaal, but we have a
right to know them before we are committed to such a war.
Faithfully yours,
EDWARD CLARKE.
SHERBORNE CASTLE, SHERBORNE, DORSET,
September igth, 1899.
Then I went on to Plymouth to attend the meeting of the
Conservative Association, which was usually held at the
Royal Hotel, but had now to be transferred to St. Andrew's
Hall in consequence of the great demand for tickets. There
I found myself, on the evening of September 28th, in
presence of a crowded audience which for the first time
in my experience of Plymouth Conservative meetings was
restless and uneasy, and even at times disposed to be
tumultuous. A London newspaper proprietor who had
been attending a wedding breakfast that day was the most
prominent of the interrupters. The excitement was owing
to the fact that a few days earlier the Executive Council
of the Conservative party had passed a resolution which
was officially communicated to me expressing a very
definite approval of the course which the Government
had been taking in recent South African affairs. It appeared
to be generally believed that this was intended as a censure
upon me for my letter to The Times and an expression of
want of confidence in the course that I was taking upon
this question.
At the opening of my speech I said :
I really do not know whether in the minds of those who
proposed that resolution and carried it there was any
350 THE WAR IN SOUTH AFRICA [CHAP, xxvii
such intention, and, of course, I should not ask questions
upon the subject. But the fact that it was passed leads
me to make, here and now, a very definite statement. If my
constituents disapprove of the course I have taken in
writing that letter to The Times, or if they disapprove of
the opinions I express upon a great public question to-night,
I hope they will have another meeting of the Conservative
Executive in the course of next week, and, if they dis-
approve of my action, will tell me so. I have not the
least desire to speak in Parliament in the name of those
who do not agree with my opinions, and if next week I
was going to say to-night, but perhaps a little reflection
might be desirable if next week a resolution should be
passed by the Conservative Executive disapproving of the
course I am taking, I shall within twenty-four hours resign
my seat for Plymouth and I will pledge myself not to
embarrass the party by which I have been so long supported.
I would not stand at the by-election which would follow
on my vacating the seat, for I will never condescend to get
a seat in Parliament by the votes of those who have been
opposed to me outvoting my supporters. There is no
question of temper, or of hurt feelings, or anything of that
kind in the matter ; only I want to make it perfectly clear
that I will not represent a constituency in which my political
supporters disapprove of the course I am taking, and it
is entirely in the hands of the Conservative Association to
end, if they please, my political connection with Plymouth
next week. I think it desirable to make that perfectly
definite statement, because the moment it is made I am
going to address you precisely as if no such resolution had
been passed.
Then I turned to an account of the correspondence which
had passed between the Colonial Office and the Govern-
ment of the Transvaal since the date of the Jameson raid,
and after a full and careful examination of that correspond-
ence I said,
I refuse to believe that the Government, which has served
the country so well in the cause of peace, will now allow a
clumsy correspondence to issue in an unnecessary war.
Again I hesitate to quote further from one of my old
1899-1900] MY PROTEST 351
speeches, for old speeches are not attractive, but this is
the story of my life at one of its most important crises,
and if another were writing that story I think he would
feel bound to cite the close of this speech, not for any merit
in the passage itself, but because it is the best account that
can be given of the feelings with which I entered upon
the parliamentary conflict which has now to be recorded.
My action cost me my seat in Parliament, and in the result
defeated a long-cherished ambition, but I look back upon
it now with more satisfaction than upon any other part of
my political career.
I have confidence in the Government, but there are
dangers about. The people of this country are hot-tempered,
speak strongly, speak quickly, and have memories for what
they consider and rightly consider to have been sad
events in the past. For one man in England to-day who is
in favour of war because of the interests of the Outlanders
there are a dozen who are ready to shout for war because
they want to avenge Majuba Hill. But how long ago was
Majuba Hill ? If Majuba Hill were to be avenged at all,
the time was then, not now. Between Majuba Hill and us
there have passed eighteen years during which we have
made conventions, and we have treated with, and have
assured of our friendship, that Republic against which a
stormy and tempestuous portion of our people are willing
now to make war in order to avenge Majuba Hill.
It would be a disgrace to the country to enter into war.
What one wants to guard against is the overwhelming
passion of the moment, and the effect that may be produced
by the clamorous ignorance of the theatres and the streets.
It is time is it not ? for those of us who feel deeply on
matters like this to make an appeal to the conscience of
the people of this country. It is time to remind our country-
men of the greatest poem that has been written by any
living man, and the majestic appeal that was made to us a
little time ago :
God of our fathers, known of old
Lord of our far-flung battle line
Beneath Whose awful Hand we hold
Dominion over palm and pine
Lord God of Hosts, be with us yet,
Lest we forget lest we forget I
352 THE WAR IN SOUTH AFRICA [CHAP, xxvn
Lest we forget that our wealth and strength and the splendid
range of our imperial sway bring to us responsibility as well
as privilege. We claim we claim it thankfully and not
boastfully that we are in the very van of the civilisation
of mankind. Our ships are on every sea ; our traders are
in every market ; our English tongue is fast becoming
the language of the world. On every distant continent there
are growing up colonies sprung from our loins and carrying
forward our traditions of freedom and of order. Let us
rise to our great mission. Let us show that we are capable
of a calm and patient and manly spirit in dealing with
international affairs prompt to resent insult, steadfast in
the protection of our national interests, ready to act for the
protection of our countrymen under whatever government
they live ; but at the same time having the manliness to
acknowledge mistakes which we ourselves have made, to
make allowance for the ignorance, for the prejudice, for the
suspicions of others and to remember that it is easier
and nobler for the strong to be generous than it is for the
weak to be submissive. So shall we show to the world
the policy and pattern of a Christian State, so shall we
give the world the blessings of, peace, and give, too, to the
dear country of our birth the greatest of all honour it can
have. 1
The publication of this speech caused some stir. In
some of the London newspapers, especially those with
which our London visitor was connected, there were violent
attacks upon me. I had arranged to speak at Conservative
meetings, at Penarth on October 3rd, and at Newtown,
Montgomeryshire and after spending the week-end at
Maristow with my old and staunch friend Sir Massey
Lopes, Lady Clarke and I went on the Monday to the Royal
Hotel, Bristol, on our way to keep these engagements. There
I received letters telling me that both meetings had been
abandoned. And a torrent of letters poured in upon me,
some from friends, congratulating or remonstrating ; the
larger number, mostly anonymous, full of violent abuse.
On the Tuesday the Plymouth Executive Committee met
* Selected Speeches, p. 219 ; Public Speeches, 1890-1900, p. 1^6.
1899-19] A DISTURBED CONSTITUENCY 353
and discussed the situation at great length. No resolution
was passed, and the meeting adjourned sine die; but the
chairman had promised to write to me asking for an under-
taking that when Parliament met I would vote with the
Ministry. That undertaking I refused to give.
ROYAL HOTEL, COLLEGE GREEN, BRISTOL,
October $th, 1899.
DEAR MR. MAY,
I have just received your letter in which by direction
of the Executive Committee you ask me " whether when
Parliament meets to consider our difficulties with the
Transvaal " I shall "be prepared to vote with the Ministry."
I fear that Parliament will have little opportunity for any
useful discussion of our difficulties with the Transvaal. It
appears to me probable that by the time it meets this
country will be already at war with the South African
Republic, and when hostilities have once commenced I have
no doubt Parliament will at once grant all necessary supplies,
as our best hope then will be that by a prompt and over-
whelming success in arms we may the more speedily arrive
at an honourable and lasting peace. But holding the
opinion which I stated last week at Plymouth as to the
real cause of this unhappy conflict it is impossible for me
to give the pledge for which you ask. I must hold myself
absolutely free to vote according to my convictions upon
any motion which may come before the House of Commons.
It is for my supporters in Plymouth to decide whether they
will grant or refuse me this freedom.
In the following week the Executive Council met, and
passed a resolution affirming that to which I had referred
at the meeting at St. Andrew's Hall, and added, "Bearing
in mind the splendid services Sir Edward Clarke has for the
past twenty years rendered to the Conservative cause and
to the best interests of the country, this council refuses to
believe that he will take any action in Parliament likely to
embarrass Her Majesty's Government on the Transvaal
question."
I acknowledged this resolution in the following letter :
354 THE WAR IN SOUTH AFRICA [CHAP, xxvn
37, RUSSELL SQUARE,
October i6th, 1899.
MY DEAR MR. MAY,
I have received with much satisfaction the resolu-
tion of the Conservative Council at Plymouth. The council
is quite right in refusing to believe that I shall do anything
at this juncture to embarrass Her Majesty's Government.
At any proper time and occasion I shall be prepared to
repeat and justify the opinions I expressed at Plymouth on
September 28th. But the situation has entirely changed.
War has begun, and honour, policy, and humanity alike
demand that it shall be pressed forward with unsparing
energy. In that task I trust the Government will receive
the united support of Parliament and the country. It would
have been to me a matter of sincere regret if my long con-
nection with Plymouth, to which the resolution makes such
kindly reference, had come to a sudden close by reason of
any expression of an independent opinion upon a subject
of grave national importance.
Very faithfully yours,
EDWARD CLARKE.
Meanwhile on October yth a Royal Proclamation was
issued summoning Parliament to meet on the I7th. By
that date, as I had anticipated, the war had begun.
The most favourable time of year for the Boers to begin
warlike operations had arrived. President Kruger was
convinced that further negotiation would only be used by
the British Government as a means of gaining time to
complete their somewhat tardy military preparations, and
naturally determined to strike at once. On October 9th
he delivered an ultimatum, containing demands which he
knew Great Britain must refuse, and on the I2th the first
shot in the war was fired.
On the 17 th Parliament met, and on the following day
an amendment to the Address to the Crown was moved in
the House of Commons by Mr. Philip Stanhope (now Lord
Weardale). He proposed the addition to the Address of
the words, " But we humbly represent to your Majesty our
strong disapproval of the conduct of the negotiations with
1899-1900] IN THE HOUSE 355
the Government of the Transvaal which have involved
us in hostilities with the two South African Republics."
The motion was ill-conceived, and the debate was not
very vigorously conducted by the Opposition.
Indeed it was believed that some of their leaders felt that
it was a mistake, now that hostilities had actually begun,
to propose a vote of censure upon which the Government
were sure of a large majority. To make a party attack
upon the Government at that moment, at the very time
when it had to meet the heavy responsibility of con-
ducting such a war, and when the success of the motion,
even if success were possible, would have forced an immediate
General Election with its temporary paralysis of adminis-
trative action, was generally felt to be an unpatriotic course.
The Liberals paid heavily for their blunder when the General
Election twelve months later gave the Unionist party another
six years of office.
I spoke on the second night of the debate, and in my
opening sentences explained why I felt bound to do so.
Mr. Speaker, I think the House will understand that it
is with reluctance I take part in this debate. The matter
is a grave and serious one, and I wish I could hope that
what I must say on the subject will be welcome and pleasant
to friends sitting around me. But I ask their forbearance.
I will make no large claim upon their patience, but there
are things which it is my duty to say, to-night. I have
spoken on this subject outside the House, and having so
spoken, after what has been said I feel it my duty to join
in this debate. The Leader of the House, in answer to an
attack hinted at by the Leader of the Opposition, but which
the right hon. gentleman does not appear to have the
courage to make directly, said that if the Government had
been guilty of errors in the conduct of these negotiations,
he would like to have those errors made known in the
presence of the representatives of the people.
It is because I have said elsewhere, and am prepared to
say here, that I think there have been errors in the conduct
of the negotiations that I am bound this evening to state
clearly and distinctly what these errors are. Since I made
356 THE WAR IN SOUTH AFRICA [CHAP, xxvii
that speech, a fortnight or more ago, I have read with the
utmost care all that has appeared in the Blue books and
in the public prints in regard to this matter. I have listened
to-night to the speech of the Colonial Secretary, and if I
had found it possible to get up and tell the House that I
found I had made a mistake, that my opinion was expressed
too harshly, or upon imperfect knowledge, I hope I should
have had the courage and it would require less courage
than the speech I have to make to-night to acknowledge
my blunder. I would rather have confessed to a personal
blunder or mistake than say a word in the nature of an attack
on the Government or any member of the Government.
But I am bound to say that the more I read of the
correspondence and learn the circumstances of the case,
the more I am convinced of the errors in the negotiations,
and that this lamentable war is absolutely unnecessary. 1
Then I proceeded to deal with the history of the nego-
tiations, repeating in substance, with some not unimportant
additions, the detailed account of them which I had given
at Plymouth.
Quite as important as anything I myself said were the
interruptions of Mr. Chamberlain. He practically offered
himself for cross-examination, and then in his answers to
questions firmly pressed (one answer he afterwards said he
could not believe he could have given) 2 he gave even greater
force to the criticism I was making.
I need not here quote from this part of my speech, or
say anything upon the points which were in issue between
us. I gave a full and complete statement of my side of the
controversy, and I hope that any who are still interested
in this historical question will do me the justice to read the
whole speech.
But I remember that once, in 1879, when I went with
Lord John Manners and Sir Hardinge Gifiard to a meeting
in support of the candidature for Marylebone of Mr. William
Forsyth, the author of Hortensius, the candidate, who was
rather a dull man, from whom no one would expect an
1 Selected Speeches, p. 221.
2 Ibid., p. 238 ; see Hansard, series 4, vol. Ixxvii, p. 311,
1899-1900] FACING THE CONSEQUENCES 357
epigram, excused himself for not dwelling on the causes
of theCrimean War which had ended twenty-five years before,
by saying "That has passed into history and been for-
gotten." I have often realised how much truth there was
in the saying.
There are few now who take much interest in the causes
of our war with the Transvaal ; its consequences in the
condition of the world to-day are too absorbing. But I
hope that those few will find in this speech a complete
justification of the course I took at the most difficult crisis
of my public career.
It is not necessary to this story of my life that I should
discuss the question whether I was right or wrong in the
judgement I formed. But I think the closing passage of the
speech, in which I referred to my personal position, speaking
as I did with the belief that it was probably the last time I
should address the House as member for Plymouth, is
needed to make this story complete.
I should like to say one personal word to the hon.
friends around me. I have been for thirty years in active
political life. I have been for twenty years a diligent
worker in the affairs of this House. I think I can say that
during that time I have been unwavering in my fidelity to
the leaders of my party in this House. Except on one
occasion, when I made a speech with regard to the financial
relations of Ireland, I have not in this House spoken against
the course which my leaders were taking. It is, therefore,
a great pain to me to speak so now. But my work for the
party has been amply and completely rewarded. No sort
of reward or gratitude remains due to me from the party
or its leaders. It has been rewarded by my being
permitted for some years to be one of the Law Officers of
the Crown ; it has been rewarded more than that by the
constant friendship, and I hope I may say the confidence,
of the right hon. gentleman whose follower I am proud to
be. A reward too has been given to me which is, perhaps,
better than anything else, and that has been the opportunity
of taking a sometimes not inconspicuous part in the dis-
cussions of this House. But I am bound to speak thus.
24
358 THE WAR IN SOUTH AFRICA [CHAP, xxvn
No man can know that he is right, but he can know whether
his opinion is an honest one, whether it is absolutely
unbiased by any question of personal interest, or by the
more subtle influence of personal antagonism. I know
that my opinion is an honest one, though it may not be
right. I hope by and by my hon. friends who are now
feeling angry and hurt at my conduct may remember that
there is a deeper and a truer loyalty to party than that
loyalty which is expressed in the constant going into the
division lobby at the bidding of the Whip.
I think they will acquit me of any disloyalty to the
party in having striven, as I have done, to prevent my
country suffering the calamity, and my party suffering the
reproach, of having embarked on a unnecessary war. 1
My appeal to my friends in the House of Commons was
generously answered. There were not a few among them
who shared my opinion as to the conduct of the negotiations
which had so lamentably failed, but felt, as did I, that the
clear duty of Parliament was to give unflinching support
to the Ministers in their efforts to deal with a very dangerous
situation in South Africa. But whether they agreed with
me or not they recognised my sincerity, and I did not lose
a single friendship. But outside I was heartily abused in
the Press and on platforms, and at Plymouth the situation
soon became very difficult.
The attacks in the Press did not trouble me much, and
I recollect them now with some pleasure, for they gave
occasion for a very generous action on the part of one of
my friends. In The Evening News of October 25th there
appeared a paragraph describing an election meeting at
Bow, in which it was said that when the reason of my oppo-
sition to the war was known " the chagrin of a disappointed
man" its importance dwindled to a pin's head.
I did not see the paragraph; but a day or two later a
friend showed me a letter which had appeared in large
type in The Evening News of the following day over the
signature of Mr. Alfred Harmsworth (now Lord North-
cliffe), one of the proprietors of the paper.
1 Selected Speeches, p. 234.
1899-1900] A GENEROUS LETTER 359
I cannot deny myself the pleasure of quoting it in full :
To the Editor of " The Evening News."
SIR,
I notice in an article on the Bow election in yester-
day's Evening News that your reporter attributes Sir Edward
Clarke's attitude on the Transvaal question to " the chagrin
of a disappointed man."
I have had the honour to know Sir Edward Clarke since
I was a child, and I take this opportunity of stating emphati-
cally that you are absolutely in error in making such a
charge. Though I disagree entirely with Sir Edward
Clarke as regards both his Venezuela and his Transvaal
speeches, I should count it a great misfortune for the
country if we had not among us men of his independence
of character. It is not a grateful task to place one's self,
as Sir Edward Clarke has done, in opposition to one's own
party and nine-tenths of the public opinion of the country.
I am, yours, etc.,
ALFRED HARMS WORTH.
Daily Mail OFFICE.
At Plymouth, during the whole time of my long member-
ship political parties had been very evenly balanced. I had
indeed been successful at five contested elections, but, save
in 1886, when circumstances were quite exceptional, my
majority had never exceeded 160 on a poll of over 10,000.
In 1895 we had lost one seat to the Liberals, and at the
by-election in 1898, caused by the death of Mr. Charles
Harrison, we had failed to regain it, although we had a good
candidate in Mr. Ivor Guest (now Lord Wimborne), a good
speaker, with an attractive personality, and the useful
backing of the Wimborne influence and wealth.
It was not unlikely that if I stood again at a General
Election I should be successful; for I think the bulk of my
old supporters would have stood by me, and I should have
had many votes from Liberals who agreed with my opinions
upon the war, and would have been unwilling to part with
their old member. But this would involve the breaking
up of the Unionist party ; and it was evident that the work
360 THE WAR IN SOUTH AFRICA [CHAP, xxvn
of the party organisation would be crippled so long as every
ward committee was divided, and every meeting disturbed
by the differences which my action had caused.
Mr. May, the Conservative chairman, and Mr. John
Shelly, the chairman of the Liberal Unionists, came to
London to see me, and we had long consultations.
It was obviously my duty to remove the personal difficulty
as soon as possible, and I took the only course which seemed
likely to be effectual. On November 25th I sent Mr. May
a letter for publication saying that I should not again
offer myself as a candidate for the representation of the
borough. I received at once many remonstrances, and
some of my old friends thought I was being shabbily treated
and expressed their indignation pretty strongly. So I
wrote to one of them a full explanation of my action.
Your letter is one of many that I am receiving from
old friends and supporters who do not desire to accept as
final the announcement that was made last week. Of course
it is pleasant to me to note the strength and extent of this
feeling, but if it were publicly expressed it would do the
very mischief which I am trying to prevent. We have
a majority at Plymouth ; but it is not a large one, and we
can only get both seats by good organisation and absolute
unity between the two candidates. We have had two
interesting experiences, one very pleasant, the other very
disappointing. In 1892 Sir William Pearce and I polled
exactly the same number of votes (5,081) and won both
seats. In 1895, at three o'clock in the afternoon, both
sides thought that Mr. Hubbard and I were winning. Some
of my old friends were anxious to see me at the top of the
poll, and plumped for me. Forty-two did so, and Mr.
Hubbard was beaten by twenty- six. At the next election
to Parliament there will be a division in the ranks of our
opponents, and if our people are absolutely united I think
we must get both seats. But I implore my friends not to
allow any feeling of sympathy with me to induce them to
let the idea get about that I have been in any way ill-
treated. It is not so. I recognise the actual condition
of political affairs, and I, without hesitation and without
complaint, stand aside when I can be no longer useful.
1899-1900] ONE MORE SPEECH 361
I spoke once more to the House of Commons on
February 2nd, 1900, in the course of the six nights' debate
upon another amendment to the Address. Mine was not
a controversial speech, and I appealed to the leaders of the
Opposition not to insist upon a division which would be
misunderstood and misconstrued abroad. I said,
I, for one, will gladly vote with the Government, because
now, when the war is waging, when it is impossible to stop
the war without doing more mischief to our Empire and
producing more misery in the world, we must carry the
war to its ultimate conclusion ; that is the successful issue
of our arms, and the establishment of a satisfactory state
of things in South Africa.
But I urged that no declaration should be made by the
Government which would close the way to an honourable
settlement with our opponents, and I suggested that the
Prime Minister should take under his own control the
correspondence of the Colonial Office with South Africa,
and that Lord Rosebery should be asked to go out and
deal with the solution of the difficulties there. 1 This sug-
gestion was of course keenly resented by Mr. Chamber-
lain's friends.
Meanwhile the situation at Plymouth had somewhat
changed. Very soon after my speech there in September
it was suggested in The Western Morning News that an
immediate by-election would probably result in the un-
opposed return of Mr. Ivor Guest. As the weeks went by
it was clear that the tide of public opinion was running
strongly in favour of the Government. At the municipal
elections at the beginning of November there were great
Conservative gains. In Plymouth there was a contest
in Compton Ward, and the Conservative beat his opponent
by two to one. At Exeter Henry Northcote vacated his
seat on being appointed Governor of Bombay, and Sir
Edgar Vincent defeated the Liberal candidate by a greatly
increased majority. The leaders at Plymouth had reason
1 Selected Speeches, p. 235.
362 THE WAR IN SOUTH AFRICA [CHAP, xxvn
to believe that the Liberals would not bring forward a
candidate at a by-election, and quite rightly thought
that the immediate election of Mr. Guest, coupled with my
determination not to be a candidate at the General Elec-
tion, would put an end to their difficulties.
On February 9th I received a letter asking me to resign.
That evening I paid my last visit to the House. Lady
Clarke came down and dined with me there, and I sent
in my application for the Chiltern Hundreds.
On February loth, 1900, I ceased to be a Member of
Parliament.
CHAPTER XXVIII
OUT OF PARLIAMENT: 1900-1905
IT seemed very strange to me at first to be no longer a
Member of Parliament. My thoughts and studies and the
arrangements of my life had been for twenty years so much
influenced and almost determined by my duties at the
House of Commons, and my hopes for the future had been
so closely interwoven with that political work, that it was
hard to realise that occupation and hopes had all suddenly
disappeared. And I sorely missed the constant companion-
ship of the friends with whom I had been wont to discuss
day by day the affairs of the world. And although, as I
have told in a previous chapter, the measures in which I
had taken the greatest interest had during the last four
years been happily accomplished there must always be
useful public work to be done in which I had hoped to
take my share. And I had much anxious doubt whether
the circumstances in which my connection with Plymouth
had ended would not prevent my being accepted as the
Unionist candidate for any other constituency. I could
not easily reconcile myself to the idea that I might be per-
manently excluded from the House of Commons. But
these regrets and anxieties were overshadowed by a more
serious anxiety at home. In April 1899 my daughter
had been married to a young officer in the Northamptonshire
Regiment. Six months later he was sent out with his regi-
ment to South Africa. They were going out, as all thought,
on a very short errand. It might be that the war would
be over before they reached the Cape ; at all events no one
doubted that by Easter they would be back. Two years
363
364 OUT OF PARLIAMENT [CHAP, xxvm
and a half passed before the husband and wife saw each
other again. And during the first three months after their
parting there came the heavy news of successive defeats.
Talana Hill and Lombard's Kop in October, Stormberg,
Magersfontein, and Colenso in the black week of December,
and Spion Kop a month later, with their heavy lists of killed
and wounded, made us eager to see the newspapers, yet
almost dread to read them, lest there should be some
awful news for the brave little wife who had come back to
her father's home.
After I left the House I took no further part in political
controversy. I retained my office as President of the
Holborn Conservative Association and spoke at the annual
meetings, but with that exception I did not make a political
speech for nearly three years. But it was not long before
suggestions were made to me as to my return to the House
of Commons. In the letter in which Sir Michael Hicks-
Beach answered my resignation he expressed the hope that
my absence from the House would be only temporary, and
in June Captain Middleton, the chief Conservative agent,
wrote to tell me that our friends at Portsmouth were very
anxious to know if I would be willing to accept an invita-
tion to contest that borough. I thought it curious that the
first suggestion should come from a constituency where the
naval and military interests which had been hostile to me
at Plymouth were so strong, and I at once refused the
offer.
A month or two later the resignation of Alderman Sir
Reginald Hanson caused a vacancy in the City of London,
and my name was at once mentioned. But Sir John
Puleston, the Conservative chairman, wrote to me to say
that it was considered that the regular practice must be
followed of an alderman succeeding an alderman, and that
the war feeling in the City was too strong for my candi-
dature to be put forward by the Association, even if the
other objection could be got over. The understanding that
one of the City members should represent the bankers, and
one the Court of Aldermen, had prevented Sir Joseph
1900-1905] MORE HOLIDAYS 365
Dimsdale from being brought forward in 1892, and he was
now brought forward and elected.
The passionate war feeling of September 1899 had been
somewhat sobered ; but there were many people whose
irritation at finding how long and difficult was the task of
completely subduing the Boers made them the more bitter
against those who had striven to prevent the war or to
bring it to an early close. So I resigned myself to what I
hoped would be only a short absence from the House.
This absence had one very important compensation. For
twenty years my duty to my constituents and political
speeches elsewhere had interfered with every holiday.
Every Christmas and Easter and every October a visit had
been paid to Plymouth, and the last month of the Long
Vacation had always been given up to political work. Now
the shorter holidays were quite free, and I made good use
of them.
In 1900 my wife and I spent the Easter fortnight at
Rome, and saw the great pilgrimages and services of the
Jubilee year. The following year we went to the Riviera
at Easter, had a long trip to Italy in the autumn, and in
December paid the first of three Christmas visits to Egypt.
In 1902 our Easter change was to Algeciras, in the autumn
some weeks were spent at Parame, and then we had a
delightful month in Spain, with a good courier, seeing the
beauties of St. Sebastian and the glories of Burgos, and
Cordova, and Granada, and Seville.
It was a great gain to me to be able to take at this time
these untroubled holidays. For it seemed as if every
change in my political position, whether a success or a
reverse, had the effect of increasing the pressure of my
professional work. The strain of work during this latter
year was very severe, and in December I had something of
a nervous breakdown, which sent me off to Egypt for a few
weeks, and was a warning I did not disregard. After the
end of 1902 I refused a great many briefs, and this soon
caused a rumour to get about that I intended to retire
from practice. In 1904 this impression was very much
366 OUT OF PARLIAMENT [CHAP, xxvm
strengthened by the fact that my friends at the Hardwicke
Society made me their chief guest at the annual dinner,
and formally congratulated me on completing my forty
years at the Bar. That was the most expensive dinner I
ever attended. Clients became convinced that I was about
to retire, and my income fell off more rapidly than I had
expected or desired.
This did not, however, trouble me much. I had spent
money freely, though I hope not unwisely, I had made a
moderate provision for my children, and there remained
sufficient for the comfort of the closing years of life, even if
I did not get the judicial appointment which I still thought
would probably be offered me.
I must mention one fortunate circumstance which
helped me in my time of heaviest work. In 1900 the lease
of my house in Russell Square expired. We did not take
another house in town, but contented ourselves with our
pretty home at Staines, and only occasionally staying in
London, either at one of the hotels or in a flat at Whitehall
Court. This was a great gain in health and in enjoyment.
The chief incident in my life in 1903 was a very pleasant
trip to Canada with my eldest son. Early in that year a
well-known tourist agent made arrangements for a parlia-
mentary party which was to consist of members of the
House of Lords and the House of Commons, and was to
make a progress through Canada from Quebec to Victoria,
being received and entertained by the principal public
bodies.
Ex-members of the House of Commons were invited to
join. Lord Lyveden undertook to be the guide and con-
ductor of the party. The scheme promised to be very
successful. Many members sent in their names as desiring
to go, and a very generous welcome was assured to them
in Canada.
But the fair prospects of the undertaking were destroyed
by the breaking out in England of the Tariff Reform con-
troversy. On May I5th at Birmingham, and a fortnight
later in the House of Commons, Mr. Chamberlain had set
1900-1905] MY TRIP TO CANADA 367
forth in definite and somewhat imperative terms a scheme
of Tariff Reform which it was quite evident would divide
the Unionist party, and would probably break up the
Government. The new movement was soon organised, and
in July the Tarifi Reform League held its first meeting.
It seemed so likely that there would be a political crisis
before many weeks had passed that most of the politicians
who had intended to join the Canadian trip withdrew.
The reasons which detained them at home made me the
more anxious to go. I had received a very tempting invi-
tation to stand for Brighton ; where I was assured that an
immediate by-election could be arranged with entire
confidence that I should be returned. I had deferred my
answer until after the Canadian trip, and was anxious to
have time to study the Colonial aspects of the fiscal question,
and to have an opportunity of discussing it with the leading
statesmen of the Dominion.
When on August 20th the excursion party embarked at
Liverpool we were only twenty- three in number ; and
among us were to be found only one peer besides Lord
Lyveden, and only three members of the House of Commons ;
Mr. Gumming Macdona, the member for Bermondsey,
Colonel Sadler, member for Middlesbrough, and Mr. (after-
wards Sir) George Doughty, member for Grimsby, and I,
were the only persons in the group who had any connection
with the House. It would clearly be absurd to attribute
to us any representative character, so it was arranged before
we arrived at the St. Lawrence that the public receptions
and dinners should be abandoned, and the parliamentary
character of the trip should be quite given up. We were
to consider ourselves a party of private travellers, who,
however, would profit by the special arrangements which
had been very kindly promised by the authorities of the
Canadian Pacific Railway.
This scheme was not entirely carried out, for, with a
tolerant and most generous hospitality, the mayors and
harbour boards insisted on showing to our attenuated and
undistinguished party the attentions which they had intended
368 OUT OF PARLIAMENT [CHAP, xxvm
to pay a really representative body of English parliamen-
tarians, and at Montreal we were entertained at a delightful
dinner by Lord Strathcona.
The change in the character of the trip was a great ad-
vantage to me. There were fewer speeches to be made, and
I came in for a good deal of personal attention from the
leaders both in politics and law. At Montreal I was enter-
tained at dinner by the Quebec Bar ; Mr. Donald MacMaster,
the batonnier, presided, and five judges and about thirty
King's Counsel were among the large company which did me
honour.
A similar dinner was given at Toronto ; and there a great
gathering of several hundred Freemasons was promptly
arranged to salute me as a Past Grand Warden of the Craft.
At Ottawa I met the politicians, and I will transcribe a
few sentences from my letter to Lady Clarke relating my
doings there.
When we were at Montreal I had a letter from Senator
Casgrain asking Percival and myself to lunch with him at
the Ottawa Club to meet Sir Wilfrid Laurier and Mr. Fitz-
patrick, the Minister of Justice, so as soon as we reached
Ottawa we went up to the club and had a very pleasant
little lunch. Sir Wilfrid seemed much better than when
I saw him last year at Jersey, and was very open and frank
in conversation.
We discussed the Canadian questions, and from him and
Fitzpatrick I obtained some very useful hints.
After lunch the senator took us across to the Senate and
there introduced us to some of the principal men, and the
Speaker gave us seats on the Floor close by his chair to
listen to the debate. The Senate, however, is a particularly
bad place for sound, and not much of importance was going
on. It was otherwise in the Lower House. There we were
just in time to see the House going into Committee and
beginning a long sitting which lasted from that day until
11.30 the next night.
Mr. Fitzpatrick asked us to dine the next evening at the
Rideau Club, and the Premier promised to come.
We went, and had a most interesting dinner. I sat
between Sir Wilfrid Laurier and Mr. Blair, who was Minister
1900-1905] CANADIAN STATESMEN 369
for Railways, and has just left the Government because of
a disagreement as to the cost of the new railway line which
is to be made for the purpose of opening out the district
north of the present transcontinental lines.
Among the other guests were Mr. Fielding, who is looked
upon as the probable successor of Sir Wilfrid Laurier, and
Mr. Monk, the Leader of the Opposition, besides a couple
of judges. It was an extremely pleasant party, no for-
mality, no speeches, but a pleasant interchange of opinions
about Canadian and imperial politics, and when the party
was breaking up I had a very useful talk with Mr. Monk.
Then a senator was left to keep us company until our
train started, and the Ministers went over to resume their
places, expecting another all-night sitting. As a matter
of fact, an agreement was come to about 11.30, and the
weary legislators went home to bed.
We went on to Toronto, and I quote a few more passages
from my letters :
On Sunday morning we went to St. James's Cathedral,
the finest Anglican Church here, and a very spacious and
beautiful building, to hear Bishop Du Moulin of Niagara,
who used to be preacher at this church, and is considered
the best of the Canadian preachers. He gave us a very
vigorous discourse, a fine piece of pulpit declamation, but
not very Christian in tone. The early part of the sermon
was devoted to a strong denunciation of trades unions
and of women who earn their own living. The latter part
had not much to do with the text or introduction, but was
very finely delivered.
When I came into the hotel in the afternoon, I found
a card from Mr. Goldwin Smith, so we went to his house
at once to return the call. He recalled meeting me at a
Fishmongers' Hall Dinner, many years ago, and I was able
to remind him of the subject of our conversation then.
Pic lives in a pleasant English -looking house, the oldest
brick building in Toronto, with spacious lawns in front and
well-grown trees. Himself is a fine tall old man of just
eighty years of age, very vigorous and very positive and
definite in his ideas. We talked for an hour or more that
is to say, he talked and I kept the conversation going in
the direction upon which I wanted to hear him.
370 OUT OF PARLIAMENT [CHAP, xxvm
For many years he has proclaimed his belief that Canada
and the United States are destined to constitute one great
republic, and he holds that opinion still ; but he recognises
that the strength of Canada, by the increase of its popula-
tion and by the great transcontinental railway, has made
the probability of a Union for the time less than it was.
He does not appear to approve of any person or thing
that he talks of, and was most bitter in his description of the
Government, and administration, and people, and press, of
the United States.
As to our fiscal question, he is a strenuous opponent of
Mr. Chamberlain, as much I think from a dislike to the man
himself as from any careful estimate of economical consider-
ations. He admits that the Canadian people are at present
very loyal, giving the credit for the friendship felt towards
us in Lower Canada to the influence of Sir Wilfrid Laurier ;
and he says that the tariff question with Germany, of
which Mr. Chamberlain has made so much, has been
practically unknown or at least unnoticed by the Canadian
people.
Our conversation over, he showed us the house, especially
the library, which I wanted to see, and in which to my
astonishment I found a billiard table.
The next morning I had a letter from him asking Percival
to dine there last evening if he were not going to dine
with the Ministers at Parliament House, and repeating in
characteristic fashion the two main propositions which he
desired me to carry away from his monologue.
However, Percival was going with me to the dinner which,
last evening, we very greatly enjoyed.
The Premier was in the chair, I was between the Chief
Justice and Attorney-General, who is here, as he ought to
be everywhere, a member of the Cabinet, and next but one
to me was a very remarkable man, Colonel Denison, who is
the intrepid representative here of Mr. Chamberlain's policy.
We had a number of speeches. The Premier is a brilliant
speaker, and gave us a very charming address and \velcome.
Four speeches followed by the representatives of " The
Law," the Chief Justice, " Commerce " by a senator, whose
name I forget, "Religious Influences" by a Canadian
clergyman there, and " Banking and Trade Affairs " by a
Mr. Walker, a very admirable speaker, whose contribution
to the evening was of substantial value.
1900-1905] BALFOURISM 371
I proposed the health of the Premier, and I believe gave
them a pretty good example of our style.
When we reached Vancouver we heard some startling
news from England. There had been notable changes in
Mr. Balfour' s Cabinet. On September i8th he had accepted
the resignations of Mr. Chamberlain, the leader of the new
Protectionists, and Lord George Hamilton and Mr. Ritchie,
the staunchest Free Traders among his colleagues. The
full history of that very curious incident has yet to be
written ; but it seems clear that Mr. Balfour, who had avowed
that he had no settled convictions on the fiscal question,
was climbing up higher on the fence, and, when Mr. Cham-
berlain left him, dexterously got rid of the colleagues who
were most strongly pledged to definite opinions on the
other side. It looked for a few days as if the Government
must break up and an immediate General Election follow,
and Macdona, Sadler, and Doughty telegraphed to the
Unionist Whips to say they would return to England at
once if they were wanted. But Mr. Balfour somehow
managed to detain the Duke of Devonshire in the Cabinet
for a fortnight longer. An immediate dissolution was
avoided, and there began that process of gradual disintegra-
tion which in little more than two years brought the Unionist
party to overwhelming defeat.
So we continued our journey to Victoria ; and on our
return I left the party and spent a few days in New York.
I wrote to Lady Clarke :
I think I shall accept the invitation to Brighton without
troubling about the City. There are two considerations
which seem to me to tell in favour of Brighton. One is
that a month in Brighton would be more pleasant and more
wholesome than constant City dinners ; and another is
that a City member has no opportunity of making periodical
speeches to his constituents, such as I should find it pleasant
to make in the Brighton Pavilion. However, we will talk
about that when I get back. The decision must then soon
be made, and the contest will really begin at once.
372 OUT OF PARLIAMENT [CHAP, xxvin
When I returned to England in October I went down to
Brighton and addressed the Committee of the Conservative
Association, and was adopted by them as their candidate
at what I expected to be an immediate election. But Mr.
Chamberlain had made some headway there ; while I was,
as I had been from my first entry into political life, a firm
opponent of any proposals to put taxes on food or on raw
materials. If the understanding on which I had come
forward had been adhered to and a sudden election had
taken place, I feel sure that I should have been returned
indeed, I doubt if there would have been a contest. But
some of the retired military men, who are an influential body
at Brighton, had not forgiven my speeches against the war ;
some of the traders were dissatisfied because I would not
endorse Mr. Chamberlain's proposals ; and the Committee,
under the masterful chairmanship of Colonel Verrall, decided
that it would be better to wait until the General Election.
It was a very unwelcome decision to me. I wanted to get
back into the House of Commons ; and if I had abandoned
the candidature at Brighton what had happened there would
make it less easy to find a promising opening elsewhere. I
felt also that my retirement would not be quite fair to the
constituency, or to my good friend Gerald Loder, who had
been very active in trying to secure me as his colleague. So
I accepted the situation, and set myself to the troublesome
and very expensive work of making myself known to all
classes in the constituency. In the late autumn of 1903,
and again in 1904, I took a good house on the sea-front,
and we had our carriages and horses down, and entertained
and visited very freely. I should have gone on like this
until the General Election, spending a great deal of money,
and feeling painfully the difference between my new
surroundings and my dear old friends at Plymouth, when I
was fortunately rescued by a quite unexpected incident.
In April 1905 Mr. Loder was appointed one of the Unionist
Whips, and had to come down for re-election.
Two experts in electioneering had been sent down to
make inquiries, and reported that the seat was safe. I at
1900-1905] RELEASE FROM BRIGHTON 373
once suggested that the other seat should be vacated, and
a double by-election arranged. But this would have
caused delay. So Mr. Loder was nominated, and Mr.
Villiers, a son-in-law of Lord Wimborne, came out to oppose
him. It seemed odd to have Lady Wimborne and her
daughter canvassing against us, for the last time I had met
them I was canvassing with them at Plymouth when Mr.
Ivor Guest was standing on the Conservative side in 1898.
For a time all seemed going well, but as the polling day
drew near there were signs, obscure but unmistakable, that
the tide was turning against us. The fact was that Mr.
Loder was a director of the London, Brighton, and South
Coast Railway, and just then there was a difficulty between
the directors and the men employed in the engine sheds.
The Liberals made the most they could of the trouble ; and
when the polling took place it made a difference of several
hundred votes, and Mr. Loder was beaten by 817.
I gladly took the opportunity of releasing myself from
an uncongenial position ; and with mutual goodwill, and
I think mutual relief, the constituency and I parted.
This left me free ; and very shortly afterwards a way was
opened for renewing negotiations with regard to the seat
for the City of London.
It did not now seem that there would be any difficulty
about my getting back to the House of Commons, for I
soon had invitations from other places. Mile End and
Southampton were proposed, but they would have meant
doubtful contests ; Hornsey and Shrewsbury were offered,
and they were safe Conservative seats. But my prospect
of achieving the great object of my ambition was now too
promising to be relinquished.
CHAPTER XXIX
THE CITY OF LONDON ! 1906
I HAD many friends in the Court of Aldermen, and of these
the two who interested themselves most in my political
career were Sir David Evans, who had been Lord Mayor
in 1892, and Sir William Treloar, who had served the
Shrievalty in 1899, and whose turn for the mayoralty would
come in November 1906. It was understood that Sir
Joseph Dimsdale, whose mayoralty in the year of King
Edward's Coronation had rivalled in splendour those of
Sir Reginald Hanson in the Victoria Jubilee year of 1887,
and Sir George Faudel Phillips of the Diamond Jubilee of
1897, and who had been loaded with honours, and was now
Chamberlain of the City, was inclined to withdraw from
parliamentary work ; and although two or three members
of the Court coveted the succession there was not a majority
in that body for any one of them. In the autumn of 1905
Lady Clarke and I went for a trip in the P. & O. boat Vectis
to the Mediterranean, and among our fellow-passengers
were Sir David Evans and his pretty daughter. He and I
talked much about politics, and he proposed that my name
should be brought before the Court of Aldermen, so that if
the seat was not wanted for one of themselves they might
appear to retain their privilege of nomination by putting
me forward as their candidate. Directly we returned to
London Sir William Treloar came into consultation, and
took up the scheme with characteristic energy. The
Aldermen were sounded separately, and while the two or
three who wanted the seat themselves" were rather lukewarm,
each promised to support me if not himself selected. Only
374
CANDIDATE FOR THE CITY 375
one member of the Court was definitely hostile. When my
two friends had discussed the matter confidentially with
every member separately, and knew that the proposal must
succeed, it was brought before the Court at a private
meeting, and the result was that, with the one single
exception, it was agreed that I should be recognised as the
official candidate of the Court of Aldermen.
Meanwhile I had been in communication with Sir Joseph
Dimsdale, and he had given me a promise that he would
retire whenever the General Election came, and would, in
announcing his resignation, express the hope that I would
succeed him. Sir John Puleston, the Conservative chair-
man, had been, as member for Devonport, in close political
association with me, and there were personal reasons which
assured me of at least his ostensible support. With Alban
Gibbs (afterwards Lord Aldenham) I was in pleasant per-
sonal relations, and I knew that to him I should be an
acceptable colleague.
So a meeting of the Executive Committee of the Con-
servative Association was held. I addressed it. The Com-
mittee recommended me to the Association ; and at the
meeting of the whole body the recommendation was received
and approved, and I was the accepted candidate of the
party. The interval between this adoption and the actual
election did not pass quite smoothly. Claude Hay, a stock-
broker or jobber, had some years before conceived a great
dislike to me because I, as President of the Holborn Con-
servative Association, had been instrumental in preventing
his being accepted as candidate for that borough, when
Mr. Gainsford Bruce was raised to the Judicial Bench. He
joined Mr. Faithful Begg and Mr. Frederick Ban bury in
getting up an application to Lord Curzon, who had just
returned from India, asking him to come forward for the
City. I heard of it, and wrote at once to Lord Curzon telling
him that whoever came forward I should certainly go to
the poll, and I received a prompt and very friendly reply
saying that I might be sure that he would never stand in
the way of my return to the House of Commons.
376 THE CITY OF LONDON [CHAP, xxix
It was rumoured that an attempt would be made to induce
the Conservative Association to rescind their resolution in
my favour, and I knew that the thoroughgoing supporters
of Mr. Chamberlain were dissatisfied with my opinions on
Tariff Reform.
We promptly took precautions, and arranged that if
necessary a separate election committee should be formed,
of which Sir William Treloar would be chairman, and Sir
David Evans vice-chairman.
However, the trouble passed away ; and when the nomina-
tions took place Mr. Gibbs and I were the only candidates
on the Unionist side, against Sir West Ridgeway and Mr.
Felix Schuster, who stood as Liberals.
There were several nomination papers for each candidate.
One of mine was signed only by members of the Bar, not
all of them belonging to the Unionist party. But the
most remarkable was one signed by nine Aldermen who
had served the office of Lord Mayor. We had a short but
very lively contest. I took rooms at De Keyser's Hotel on
the Embankment at Blackfriars, and was hard at work all
day with meetings and canvassing.
One early morning was spent at the Central Meat Market
at Smithfield, and another among the fish salesmen at
Billingsgate. At Lloyds, at the Baltic, at the Corn Market
in Mincing Lane, and in Throgmorton Street, my fellow-can-
didate and I had great receptions ; and at the City Carlton
Club, of which I had been a member for thirty years, and
nearly the whole time a member of the Committee, my
old friends gave me splendid support.
There was one incident of the contest which in view of
what happened afterwards I think it well to recall. On the
Tuesday after the nomination The Times contained a letter
by the Duke of Devonshire to Mr. Schuster, in which he
said :
I have no hesitation in wishing you success in the contest
in which as a Free Trader you are engaged against the
supporters of the policy of the Tariff Reform League.
igo6] A GREAT VICTORY 377
I saw it, and I resolved that there should be no misunder-
standing as to my opinions, and at once wrote a reply for
publication, in which I said :
You say I am a supporter of the policy of the Tariff
Reform League. That is not the fact. I am not a member
of the Tariff Reform League, and have not accepted its
programme. ... I am strongly opposed to any taxation of
food or raw material unless absolutely necessary for the
purpose of raising revenue.
As the day of polling drew near, the enthusiasm of our
friends increased, and the only question was by how many
thousands of votes we should defeat our opponents. I
was very anxious that the polling should be fixed for the
Saturday, the first day on which any poll could take place ;
and our friends bitterly regretted afterwards that they did
not take my advice. They urged that the voters on our
side, sure of success, would not take the trouble to come
to town on a Saturday, and so our majority would be re-
duced. I said that the figures of our majority did not so
much matter ; we were sure of winning by thousands, and
the effect of a victory like that in the greatest constituency
in the kingdom would be felt everywhere. The City of
London should be the first to speak, and her voice might
set the note for the whole country. I was overruled, and
the poll was fixed for Tuesday. Saturday night brought
the news of Mr. Balfour's defeat at Manchester, the begin-
ning of the Unionist rout ; and in the disasters that followed
our triumph in the City of London was little heeded. It
was indeed a notable triumph. When the numbers were
declared on Tuesday night they stood as follows :
Sir Edward Clarke . . 16,019
Mr. Alban Gibbs . . . 15,619
Mr. Felix Schuster . . . 5,313
Sir West Ridgeway . . 5,064
My majority over the highest Liberal was 10,706. That
was the crowning day of my political career, the day
378 THE CITY OF LONDON [CHAP, xxix
when the ambitious hopes which had been with me for
fifty years were fulfilled, and more splendidly than I had
ever imagined to be possible. The city of my birth, where
I had begun so humbly as the errand boy and helper in my
father's little shop, the greatest constituency in the world,
greatest in the combined characteristics of numbers, wealth,
intelligence, and independence, had chosen me for its fore-
most representative in Parliament. And it had chosen me,
not by the mere majority, large as that was, of the votes
cast at the election. My sixteen thousand votes repre-
sented 57 per cent, of the possible voters at a City election.
Can any one wonder that as I left the Guildhall that
night the highest hopes I had ever formed came back to me
more strongly than ever ? At last my course seemed clear.
I had now no need to trouble myself about professional
work. I had for twenty years earned a very large income ;
and, although I had spent very freely, I had saved enough
to secure to me, as I thought, the modest income which
would suffice to enable me to devote myself to a political
career. It was true that I was sixty-five years of age, and
that it was evident that for some years my party would
be out of office. But it was power and not office that
attracted me ; and a wisely led opposition, not harassed by
small responsibilities, framing policies which it may, at any
moment, be called upon to put in practice, may render
service to the Empire scarcely less important than those
of the Ministry itself.
So I felt very happy and very proud, and began to prepare
myself for resuming the regular attendance at the House of
Commons which had in former years given me so much
enjoyment.
On February I3th Parliament was opened ; and my
colleague and I, in assertion of the traditional privilege of
the representatives of the City of London, took our seats
upon the front bench on the Government side of the House.
To me it was an interesting anniversary. On February isth,
1880, Southwark had elected me its member. Thirteen
years passed ; and on February 13th, 1893, I followed Mr.
1906] A NEW COLLEAGUE 379
Gladstone in debate when he introduced the second Home
Rule Bill. Again thirteen years passed ; and now on
February I3th, 1906, I took my seat as the senior member
for the greatest constituency.
Mr. Balfour was not a member of the House, but arrange-
ments were already being made for his return to lead the
Unionist party. When our great majority in the City was
announced, it of course occurred to many that a new election
in the City might enable him to return to Parliament in a
way which would to some extent atone for the defeat at
Manchester.
Alban Gibbs would in due time succeed to a peerage ;
and his father's age rendered it not improbable that this
would soon take place. He had not himself been prominent
in the work of the House of Commons, and was not supposed
to be very anxious to remain there.
On the morning of January 23rd I received a letter from
Balfour asking if I could arrange for an opportunity to be
given him of making a speech in the City before the opening
of Parliament. And the same post brought me a letter
from Lord Salisbury asking if I would be willing to use my
influence with Alban Gibbs to induce him to vacate his
seat in order to let Mr. Balfour take it. He was a cousin
of Alban Gibbs, but could not very well make the proposal
direct to him, as at a recent by-election in Hertford he
had refused to support Vicary Gibbs, who had lost his seat
in consequence. I promised to do all I could, and suggested
that Akers-Douglas, who was our Chief Whip and an old
personal friend of Gibbs, might usefully make the suggestion.
This answer was telephoned to Hatfield. I do not know
if it was found necessary for Akers-Douglas to intervene,
but on the 25th Lord Salisbury wrote to tell me that a
very satisfactory letter had been received from Gibbs, and
that the matter was arranged.
Balfour was to make his speech at the dinner to Gibbs
and myself at the Merchant-Taylors' Hall on February i2th ;
Alban Gibbs was to take his seat in the House on the I3th,
and then immediately apply for the Chiltern Hundreds,
380 THE CITY OF LONDON [CHAP, xxix
and the new election in the City was to take place as soon
as possible.
Just before the Merchant-Taylors' Hall dinner a curious
little incident occurred. Sir David Evans came to me,
and in a mysterious way said that he had been asked to
suggest to me that it would be well if I did not speak of
Mr. Balfour as my leader, and indeed did not mention the
leadership of the party at all. I need hardly say that
the effect of the suggestion was that I did very definitely
and very strongly declare my allegiance to Mr. Balfour.
Mr. Gibbs promptly vacated the seat, and I went round
with the new candidate to the few meetings it was thought
necessary to arrange. I spoke at those meetings, and I
issued a special address to the large number of voters in the
Temple begging for their renewed support. On the polling
day, February 27th, Mr. Balfour was unwell and could not
appear, and I drove about with Miss Balfour and attended
the counting of the votes, and afterwards made the
speech of thanks to the electors. And of course I
walked up to the table with my new colleague when he
took his seat.
For a time our relations were most cordial. He invited
me to sit on the front bench, a privilege to which I was not
entitled, as I had not been a member of the late Government ;
and it was at his request that on March 7th I spoke for the
Opposition in a debate upon a motion for the payment of
members. He was then controlling the arrangements for
debate, although Mr. Chamberlain as his substitute led the
party in the House until Mr. Balfour took his seat on
March I2th.
Between the date of his defeat at Manchester and his
return to the House as member for the City a severe struggle
had been going on between him and Mr. Chamberlain as
to the position which the Unionist party should adopt with
respect to Tariff Reform. Of the 157 Unionists who now
had to face a majority of three times their number more
than two-thirds were ready to accept the entire scheme of
the Tariff Reform League, and unless some terms of agree-
1906] AN ACCOMMODATION 381
ment could be found it was clear that Mr. Balfour's leader-
ship of the party would be impossible.
He met Mr. Chamberlain at dinner on February 2nd, but
no agreement was reached. On the 8th Mr. Chamberlain
published a long letter, in which he said that his friends
were prepared to accept Mr. Balfour's general leadership,
but asked for a declaration that Tariff Reform should not
be dropped. On February i2th, at the dinner given to
congratulate Mr. Gibbs and myself on our election, Mr.
Balfour said that the general tariff and the question of a
small duty on food were questions of expediency and not
of principle. He did not admit their necessity, or reject
them as in all cases inadmissible. The next day a prolonged
conference took place. Mr. Balfour and Mr. Gerald Balfour
and Mr. Chamberlain and Mr. Austen Chamberlain, with
the assistance of Mr. Akers-Douglas, met to arrange the
terms of settlement. The afternoon meeting brought no
agreement, and the negotiations came near to being broken
off ; but the five met again in the evening, and eventually
a formula was arrived at. The next morning a letter from
Mr. Balfour was published in which he stated that Fiscal
Reform was and must remain the first constructive work
of the Unionist party, and admitted that a moderate
general tariff and a small duty on foreign corn were not
objectionable in principle. Mr. Chamberlain replied cor-
dially accepting the surrender, and for a time the difficulty
was got over.
But the supporters of the Government were, of course,
anxious to manifest by a debate and a division the com-
pleteness of their triumph in the constituencies over the
Tariff Reformers, and as no opposition amendment to the
Address had raised the fiscal question Sir James Kitson
gave notice of the following motion, and was promised a
day for its discussion " That this House, recognising that
in the recent General Election the people of the United
Kingdom have demonstrated their uncompromising fidelity
to the principle and practice of Free Trade, deems it right
to record its determination to resist any proposals, whether
382 THE CITY OF LONDON [CHAP, xxix
by way of taxation upon foreign corn, or by the creation
of a general tariff upon foreign goods, to create in this
country a system of protection/'
Notice was given of an official opposition amendment to
this, to be moved by Mr. Stuart-Wortley, to omit the words
from " recognising " to " Free Trade," thus making the
motion only a declaration of intention on the part of the
present House of Commons.
As the day drew near it became incumbent on those who
refused to support Mr. Chamberlain's programme to consult
as to their action, and a meeting was held in one of the
committee-rooms, at which Mr. W. F. D. Smith presided
over a gathering of about forty members. It was an inter-
esting assembly. The son of the former leader of the House
of Commons was in the chair, and with him were Mr. Hicks-
Beach, the son of the former Chancellor of the Exchequer,
and Mr. Lionel Walrond, the son of the late chief Conserva-
tive Whip. Sir John Kennaway, Sir Francis Powell, Mr.
Percy Thornton, and Mr. Abel Smith were four of the
oldest and most respected members of the House. Sir
William Anson and Mr. J. G. Talbot represented Oxford
University, and Sir Philip Magnus the newer University of
London. The Devonshire influence was represented by
Mr. Victor Cavendish, and the Salisbury influence by Lord
Robert Cecil, and the Durham influence by Mr. Lambton.
Mr. Rothschild and Sir Edward Sassoon, Sir Seymour
King and Mr. Mildmay, coming from constituencies of
widely differing character, were all opponents of the new
Protectionist policy.
More than one meeting took place, and the question
of concerted action was fully discussed. Eventually it
was decided that no definite pledges should be given, but
that the course recommended was to vote for Mr. Stuart-
Wortley's amendment, and if that were defeated and Sir
James Kit son's resolution became the main question to
abstain from voting in either lobby.
On March I2th Mr. Balfour took his seat as member for
the City of London, and Sir James Kitson's motion having
1906] A PITIFUL PERFORMANCE 383
been moved and seconded, he rose to make his first speech
as Unionist leader in the new Parliament. It was a pitiful
performance. Instead of discussing the large questions
raised by the resolution, he described it as a vote of censure
on the Opposition, and then proceeded to criticise its terms,
and put five interrogatories to the Government, one being
whether the Indian tariff was or was not Protectionist,
and another being why the words " or otherwise " were in
the resolution when first put on the paper and were not in
the resolution as moved. As he went on refining, and
distinguishing, and inquiring, the cheers on his own side
gradually grew fainter, and when he sat down no Minister
lose to reply. A little later Mr. Chamberlain, with well-
simulated indignation, attacked the Government for making
no answer to the questions asked, and then dexterously
deprived himself of the opportunity of dealing with main
issues by moving, what he of course knew would be nega-
tived, the adjournment of the debate. The design was
to secure a division in which no Unionist would have any
excuse for abstention, and this result was obtained when the
division was taken on Mr. Stuart- Wortley's amendment.
That small advantage was dearly purchased, for it had
given the Prime Minister the opportunity of administering
to Mr. Balfour, amid the delighted cheers of his followers,
a well -deserved castigation. Sir Henry Campbell-Banner-
man's closing sentences are worth preserving.
He says that we are to stop the proceedings in this debate,
and his amendments are not to be moved until we have
answered these terrible questions. In so far as I have
referred to them, I may have answered them incidentally.
I have no direct answer to give to them. They are utterly
futile, nonsensical, and misleading. They were invented
by the right hon. gentleman for the purpose of occupying
time in this debate. I say, enough of this foolery. It
might have answered very well in the last Parliament, but
it is altogether out of place in this Parliament. The tone
and temper of this Parliament will not permit it. Move
your amendments and let us get to business.
384 THE CITY OF LONDON [CHAP, xxix
The motion to adjourn was rejected by 405 to 115. When
the debate was resumed at the evening sitting (for at that
time the House used to adjourn from half-past seven to
nine), I told Mr. Balfour that I wished to speak in the course
of the debate in order to maintain in the House the opinions
I had expressed outside, and that as they did not accord
with the policy now accepted by him and Mr. Chamberlain
I thought I had better not come to the official box, but
speak from a place further along the bench and near the
Speaker's chair. That proposal he at once negatived, and
said he wished me to speak from the usual place. Then he
asked when I would like to speak. I told him I was quite
indifferent as to this, and would suit his convenience.
" Then," said he, " as Lloyd George is to speak at ten
o'clock and the House will sit late, do you mind following
him?"
" Perhaps," he added, " as I am rather tired, you will
not mind my not staying to hear you." This arranged, I
saw Mr. Chamberlain, and had ten minutes' conversation
with him in the corridor. He was quite friendly. I told
him the sort of speech I was going to make, and he made
no remark, as I expected he would, with regard to such
a speech being delivered from our front bench. He also
was away from the House when I spoke. About eleven
o'clock I rose to make my speech. It was listened to
respectfully on our side, and of course more sympathetically
by our opponents. I trust that many of those who read
this book will take the trouble also to read the speech,
which is reprinted in my Selected Speeches. But for others
I wish to quote here the closing passages. I did not know
what would happen, but I think I had a premonition that
it would be my last speech in the House of Commons. I
quoted the declaration of Mr. Disraeli and Lord Derby in
1852, and then I said :
These are not obsolete shibboleths or discredited declara-
tions. They are the declarations of the leaders of the
Tory party which have been acted upon during the past
igo6] THE CREED OF THE TORY PARTY 385
half-century by the leaders of the party. For fifty years
they have represented the unquestioned creed of the Tory
party. Through the thirty years of Mr. Disraeli's leader-
ship in our councils, through the fifteen years of Lord
Salisbury, through the ten years of my right hon. friend,
they have been the creed of our party, and I stand firm to
that creed to-day. The cry of the big and the little loaf
had almost died out in the country. It had for years
been scarcely heard, except in some country constituency
where probably the name of the candidate revived old
antagonisms. Now that ill-omened spectre has been
summoned from its grave, and I believe that a generation
may pass before it will be laid to rest again. At any rate,
there are some of us who will stand firm in the creed which
has for so long been the creed of the Tory party, and will
resist now, and at any time, any proposal to put a tax
on the corn or meat of the people, unless, indeed, in cir-
cumstances of so terrible a national necessity that we are
compelled to sacrifices of the bitterest and deepest kind.
But as a matter of administration and taxation, there are
a good many of us who will never be parties to its intro-
duction into our financial system. I hope it is almost
hoping against hope, but I do still hope there may be found
amongst those who have served in the ranks of the Tory
party for many years past many who respect the decision
that has been come to by their greatest leaders, and are
prepared to stand by the policy which seemed to them good
for the country. I do hope that the Tory party will regain
its influence, for I believe its principles are an important
and even essential part of our national life. And I trust
our leaders will recognise that when we are anxious to extend
the area of our trade and gain for ourselves imperial renown,
we must never forget that the first duty of a statesman is
to the poorest of the people, and that to every statesman
worthy of the name the welfare of the people is the highest
law. 1
The course of events on the I3th was curious, and I think
it must have been arranged. A division was taken on Stuart-
Wortley's proposal to omit certain words. The numbers
were 445 to 118. Then another amendment was proposed ;
* Selected Speeches, p. 26.
386 THE CITY OF LONDON [CHAP, xxix
but as soon as the mover sat down, and before it had been
put from the chair, Campbell-Banner man moved " that the
question be now put." Against the closure all Unionists
could vote, and the numbers were 471 to 123. Sir J . Kitson's
motion was then put from the chair.
I was sitting on the front bench next to Sir Alexander
Acland-Hood, who told me he was not going to tell against
the motion. The bells were ringing for the division, and he
had scarcely told me this when Austen Chamberlain, looking
very angry, came from his place to Acland-Hood and said,
" What is this I hear, that you are not going to tell ? "
" No," said Acland-Hood, " we are not going to Forster and
I must stand by what we told our constituents." " Well,"
said Austen Chamberlain, " I do not see how you can expect
us to come down night after night and give you respectable
divisions, if we are to be treated like this. Where's Arthur ? "
" In his room." " Is not he going to vote ? " "I don't
know." Austen Chamberlain hurried off to find him, and
before the question was put the second time came back
smiling, and said triumphantly to Acland-Hood, " You are
to tell. He says he wishes it." " Well," said I to Acland-
Hood, " what are you going to do ? " " Oh," said he, " he
is my leader, and if he tells me to do it I must, but ten minutes
ago. I believed he was not going to vote himself." This
choice of Whips determined a substantial number of votes.
Akers-Douglas came in. Said I, " What will you do ? "
" Oh, I cannot desert my leader."
Of those who had been present at Mr. W. F. D. Smith's
meeting in the committee-room the large majority, and I
among them, refrained from voting. Six stalwart Unionist
Free Traders voted with the Government. They were Mr.
Percy Thornton, Lord Robert Cecil, Sir Seymour King,
Mr. Lambton, Mr. Walter Rothschild, and Mr. Gibson
Bowles.
Nield and others fell into line, but 25 of those who had
voted in the former division now abstained or voted for
the motion, and only 98 went into the Opposition Lobby,
while the majority numbered 474.
1906] MY HEALTH FAILS 387
Directly the division lists came out the Tariff Reformers,
furious at the bad division, set out to drive me from Parlia-
ment. The men who had previously tried and failed to
prevent my selection for the City now joined in the outcry
against me. Some of my friends stood firm. Sir William
Treloar, who was the next alderman in rotation for the
Lord Mayoralty of the City of London, wrote letters to The
Times in my defence, and when he was attacked for it in
the Court of Aldermen he said he would resign his gown
rather than give up his right to defend a friend who was
being maligned. But Sir David Evans, who had undertaken
to be one of the vice-chairmen of my committee if the Tariff
Reform League prevented my selection by the Conservative
Association, took a different line. Others whom I had
believed to be my friends fell away, especially Sir John
Puleston, and greatly through his action a resolution was
passed calling upon me to explain my conduct. At this
moment my health suddenly gave way, and for a week or
two 1 was lying ill at Thorncote. Sir Douglas Powell was
called in, and he promptly ordered a six months' voyage,
and entire abstinence from political work or study of any
kind. I would not consent to the six months, but at the
end of March, as soon as I was able to leave my room, I
went off with Lady Clarke and my son William to Cairo.
It was not a very fortunate trip. I soon became stronger ;
but we had an exceptionally stormy voyage out. When I
got to Cairo I found the homeward stream had begun, and,
unless I left quickly, we should have a difficulty in securing
a comfortable passage (while I was eager to get back),
and breaking our journey at Algeciras, where we meant to
stay a few days, Lady Clarke was attacked with severe
tonsilitis, and we were kept there a fortnight.
When I got back in May I found the situation had not
improved. So far indeed as the City was concerned I was
not seriously uneasy. I have no doubt that the meeting
which I had promised to address would have been a very
stormy one, but I have equally no doubt that I should have
held my own ; and of course I should not have accepted
388 THE CITY OF LONDON [CHAP, xxix
from the majority of a meeting of an association of a few
hundred persons my dismissal from a position which had
been given me by over 16,000 electors.
And an incident which greatly disturbed my opponents
showed how little they represented the general feeling in
the City. A meeting was announced to be held at the
Cannon Street Hotel against the Government Education
Bill. Sir John Puleston was to take the chair and Mr.
Balfour was announced to speak. No request to do so had
been sent to me, nor any invitation to the meeting itself.
But at the time appointed I presented myself at the
hall, went to the committee-room, and was then asked to
second the resolution which Mr. Balfour was to move. I
had an excellent reception, and was cheered by the crowd
as I left the hotel.
But at that meeting Mr. Balfour's behaviour to me was
very cold and unfriendly. He did not shake hands with
me ; indeed, he had not done so since my return from Cairo.
If he had desired to retain me as a colleague, a word
from him would have stopped all trouble in the City. But
he not only refused (as I have since learned) to interfere
in the matter, but he declined to express an opinion when
appealed to by the City people, and his silence was under-
stood, as I have no doubt he meant it to be understood,
as showing a desire to get rid of me from the House of
Commons. When I came to know this, the situation of
course was entirely changed.
I should have been quite content to remain in Parlia-
ment and to work with all my strength for the Unionist
cause. The fact that the fight would be a hard one, that
it would involve the sacrifice of a leisure I had greatly
enjoyed, and that I should be spending the later years of
life in striving to secure for my party a triumph which I
certainly should be too old to share, would not have de-
terred me from throwing myself into the conflict if I had
still been accepted by my leader as one of his trusted
lieutenants. But it seemed clear to me that if I remained
in the House I must change my seat. I could not submit
1906] I RESIGN MY SEAT 389
to have my presence on the front bench, to which Mr.
Balfour had himself invited me, now simply tolerated by
an unfriendly leader ; and my hope of rendering real service
to the Tory cause was obviously at an end. At the same
time my health was by no means satisfactory. For the
first time in my life I suffered from want of sleep, and
Sir Douglas Powell and Dr. Ferrier both told me that 1
must give up either my profession or my political work,
as to continue both would involve the risk of complete
breakdown, either physical or mental. Sir Douglas Powell
told me this by letter on May 28th, and two days later the
opinion was confirmed by Dr. Ferrier in the strongest terms.
I came to an immediate decision. I wrote to Balfour the
following letter, and took it down to the House of Commons.
HOUSE OF COMMONS,
May 30th, igo6l
DEAR BALFOUR,
I think that as my colleague and my leader you
ought to have the first intimation of my intention to apply
for the Chiltern Hundreds.
I am acting under the strongest medical advice, so I
need not say anything as to other reasons which you might
or might not think sufficient.
If I could ignore the question of health, I should certainly
not consider them adequate to justify so serious a step.
But I have no right to ignore that question, and it compels
me to this decision.
Yours very faithfully,
EDWARD CLARKE.
Then I went to the Whips' room and saw Sir Alexander
Acland-Hood and Mr. J. S. Sandars, and told them my
resolve, at the same time giving Sir Alexander my letter
to the Chancellor of the Exchequer asking for the Chiltern
Hundreds, signed but not dated, and authorised him to
send it on as soon as he found it convenient, promising
to say nothing of my decision until I saw in the papers the
announcement of the vacancy.
26
390 THE CITY OF LONDON [CHAP, xxix
Then I went off at once to Jersey to spend a few quiet
days with my daughter and grandchildren.
I received the following telegram :
WEST STRAND, 8.52 p.m., May 30^, 1906.
This is only to say I have received your letter. Am
just leaving for Versailles, from where I will write to you.
BALFOUR.
The promised letter was never written. I think my old
leader might have shown a little more courtesy to one who
had been his friend for more than a quarter of a century,
and had just taken no small part in obtaining for him the
seat for the City of London ; but he was then in great
difficulties himself in presence of the masterful and threat-
ening companionship of Mr. Chamberlain, and of course
he could not foresee how soon he would be relieved from
that formidable rival.
CHAPTER XXX
A MEDITATION I IQ06
(Written in bed, in Shorthand)
THORNCOTE, STAINES,
March 1906.
SIR RICHARD, of the grave kind eyes and quiet thoughtful
voice, has just closed the door and left me with the assur-
ance that there is really nothing wrong, only extreme
fatigue, and that I have only to rest myself well again.
News and correspondence are of course forbidden, and I
am to keep my mind as clear as possible of the worries
of politics and law. Well, I think I can obey the instruc-
tions ; and rest, simple, untroubled, seems to me the
pleasantest of prescriptions. So I lie back and close my
eyes, and think I will obey. Alas, it is not quite easy.
Thought will not stop where I put it, and whatever subject
I choose to start with, it seems that all roads lead to the
same end. I start by thinking of my very early boyhood,
just before I went to a country school. And in a flash,
memory has run down the long chain of incident : school,
prizes, evening classes, examinations, studentship, call to
the Bar, taking silk, all the rest of it : and there I am at
the House of Commons of last week. This will never do,
I will try again. This time I will think of a case full of
romance, tried long years ago, and almost all forgotten.
But I have scarcely brought the scene to my memory
when the scene-shifters are busy at work, and here am I
before Mr. Justice Farwell, cross-examining Sir Alexander
Binnie as I was last Saturday, about the effect of fatigue in
metal so that a very small jar will bring the breaking
strain. I did not expect when I was asking the questions
(though the thought did cross my mind) that there was
391
A MEDITATION [CHAP, xxx
some fatigue of metal about me, and that I should not be
able to finish the case. No, this will never do. I have
not energy enough to make a fresh start, so I open my
eyes to see if I shall find distraction for my thoughts in
all my pleasant surroundings, in the prettiest room I ever
saw. That is just what this bedroom is. It is late March
afternoon, fine and bright, and as I lie I can see through
the window the silver stream, flashing like a sheet of
diamonds, on its way to Penton Hook : and beyond it a
tender brown haze with just a faint tint of green softens
the outline of St. Anne's Hill. On the table beside me
bowls of fresh violets surround a tall cluster of noble daffodils,
and the air is filled with the scents of spring. Then the
room itself. The cool soft afternoon light is round me
like a flood. It lights up the rich crimson of the walls,
the pale olive green of the curtains, repeated in the eider-
down quilt at my feet and the curtains at my head, which
are lined with a pale pink, which is again echoed in the
shades of the electric lamps. And in this harmony of
colour the white enamel of the furniture wardrobe, over-
mantel, and the rest takes its natural part. There is no
need now to force the direction of my thoughts. This
room has been in the making for fifteen years, and there
is scarcely a picture or an ornament in it which does not
carry my memory off to some pleasant incident of the past.
Let me delight in the treasures for a time, treasures all,
for the happy days which they recall, though some are of
very trifling value measured in terms of money. There
on my right hand hangs " The Mother's Picture/' which
should be found in some form of engraving or of colour
in the chief bedroom of every home which God has blessed
with children. How little did the young Raphael know,
when a lovely face before him and a barrel-top at hand
led him to pour out his genius in these forms, that he was
giving to the world a message which centuries could not
silence ! I never look at that engraving now without
recalling the words of the poor woman who saw it for the
first time at the Bethnal Green Museum " Ah, she could
1906] PICTURES 393
not help being a good woman with a baby like that." There
on the left of the overmantel (I shall come back to this
overmantel presently) is a brilliant proof of an Assumption
by Murillo. I say an Assumption, for I cannot at the
moment recall which of his great pictures it is. I think
it is one of those two which hang nearly together on the
right-hand wall as you go up the long gallery at Madrid.
It is the perfection of beauty in light a,nd shade. As I
lie here I cannot see the outline with any distinctness, but
I see the glory of the light on the face of the Madonna,
and the luminous haze of angel faces round her. There is
nothing finer of Murillo, I should think in the world, except
that altar-piece of St. Antony of Padua which lines the
wall of the south-east chapel at the Cathedral of Seville,
and which, if you see it just at the right hour of the morning,
blazes upon you with more than the glory of an Assumption,
for the centre of the light is not the blue-robed Madonna,
but the celestial Child Himself. Further to the left, on
the wall beyond the window, hangs a copy of the best
engraving of the greatest picture in the whole world. It
is Mendel's engraving of the " Sistine Madonna." Here
Raphael was at his greatest. And he who has not made a
pilgrimage to Dresden, and sat silent for one half-hour
before this picture, does not know how painting can excite
and delight the soul. Until Mendel engraved it the true
picture was hardly known to those who could not make
this pilgrimage. Other engravers (you will see it in a
moment when you set their works by the side of this) give
but a poor rendering of the face, especially of the eyes of
the Infant Christ. This is our chief est treasure. Mendel's
plate, which cost him seven years of labour, and brought
him 6,000 in payment, was only just finished when the
artist died. Twenty copies were printed from the copper
while the engraving was still unfinished, for three of the
curtain rings had been omitted. Forty more with the rings
inserted, but only in outline. Then two hundred more, of
which this is one, and then an electrotype was taken and
the plate cut across.
394 A MEDITATION [CHAP, xxx
Except for some emblems and photographs not to be
written about here, these are the only frames before my
eyes. Stay, there is another, Sharpe's engraving of Carlo
Dolce' s " Virgin and Child " : a present to my Lady from
our old friend Dr. Ginsburg, pleasantest of companions,
who used to travel up to town with me of a morning and
make the whole day brighter by the half-hour's talk. But
enough of pictures, though there are one or two more I
should like to dwell on. I turn to the white overmantel
with its columns and recesses and shelves, where in the
centre, and matching the whiteness of the arch above her,
stands a parian statuette of the finest work of modern
sculpture, the Gibson Venus, the special glory of the Great
Exhibition, which ushered in the golden decade of the
nineteenth century ; but stay, I think I am wrong. I am
not sure, but I think that Hiram Power's " Greek Slave"
was the great statue of 1851, and the " Venus " came
to delight us in 1862.
Scattered around her among vases and ivories are the
trifling souvenirs of many days of travel, and these little
things will amuse me most just now. Close by the white
" Venus " are two gaily coloured figures which I bought
in Chinatown at Vancouver, at the quaint little shop next
to the chief joss-house, and the sight of these carries my
mind away to the Chinese waiters at the hotel at Laggan,
and so to the lake in the clouds, and a whole gallery of
delightful pictures which my memory brought back from
the journey through the great Dominion. Just below
stand a group of tiny Spanish bull-fighters and dancers,
and as I look I am away at the walls of the Alhambra in
the flood of glory of a late September afternoon.
Opposite the little shops that nestle in a corner outside
the walls the old king of the gipsies poses for the inevitable
snapshot, while the guide tells stories of his terribly wicked
past.
On a lower shelf are climbing monkeys and a wide-
mouthed frog of very common clay, which were bought
from the market boat which attacks the P. & O. steamer
1906] MEMORIES 395
as she comes to her moorings at Gibraltar. I hope that
in ten days' time I shall see that boat again. And behind
them are two of the cheap ikons, unframed pictures on
wood, which recall St. Isaac, the Kazan, and the noble
pile of St. Sophia. I cannot remember at which these were
bought, but I know as my Lady and I were standing at
the long counter inside St. Sophia where the candles and
ikons and books are sold, there came along two poor dirty
labouring men with the unsmiling face of the Russian
peasant, who looked so longingly at the little pictures they
were too poor to buy that my Lady picked up two of the
ikons (quite simple pictures, costing only some ten or twenty
kopecks each), had them wrapped in paper, and gave them
to the men. They did not smile, I doubt if they could, but
their look of gratitude as they crept away with their
treasures has been a pleasure to us for seven years. There
are other trifles recalling other scenes the model of the
Savoyard, for instance, the great bell of the newest (except
the new cathedral at Berlin) and one of the most interesting
of the great churches of Christian Europe. But I have
seen enough, and though I do not go to sleep I close my
eyes and a dreamy panorama seems to pass before me.
The soldiers as they swagger down the Nevsky Prospekt ;
the orange-sellers chattering round the gate of the Alcazar ;
the lumber rafts rushing down the chute at Ottawa ; the
students swaying over the Koran at the University Mosque
at Cairo ; the sun on the Rose Garden of the Dolomites ;
the lizard shooting over blinding white walls of Pompeii ;
all pass before my eyes, and I think I hear the warning
shout as the gondola comes swinging round the sharp corner
of the Grand Canal.
I lie in quiet contentment ; very weak, but thankful for
this luxury of beauty and pleasant memories, full of grati-
tude for all the earthly blessings which have been showered
upon me. The best of all is close at hand.
The door is gently opened and a sweet voice says, " Well,
dearest, do I seem to have been a long time away ? "
CHAPTER XXXI
FROM LABOUR TO REFRESHMENT: 1906-1914
THE circumstances attending my election for the City of
London and my subsequent resignation had tried me a
good deal, and I think I should at once have left England
for a prolonged absence, if it had not been for some special
duties which fell upon me in this busy year. It was my
year of office as Treasurer of Lincoln's Inn. In the ordinary
course of succession by seniority Lord Alverstone would
have served the office in 1904, and I in 1905. But in the
former year the Prince of Wales (now our gracious Sovereign)
honoured the Inn by accepting the Treasurership, and with
great courtesy and dignity discharged its duties. These
now required me to be as constantly as I could in attendance
at the Inn. But there was another set of duties which had
for two years made very large demands on my time and
thought, and which were now approaching their com-
pletion. These were connected with the Royal Commission
on Ecclesiastical Discipline which was appointed in April
1904 " to inquire into the alleged prevalence of breaches
or neglect of the law relating to the conduct of Divine
Service in the Church of England and to the ornaments
and fittings of churches, and to consider the existing powers
and procedure applicable to such irregularities and to make
such recommendations as may be deemed requisite for
dealing with these matters." It will be convenient that
I should here deal with some fullness with that which is
an essential part of the story of my life, but has not been
referred to in earlier chapters. I had for many years
been strongly interested and constantly active in the
396
1906-14] CENTRAL CHURCHMANSHIP 397
discussion of church questions. My earliest political
speeches were made in resistance to the disestablishment
and disendowment of the Church in Ireland ; I was one
of the original members of the council of the Church Defence
Institution, which had very important influence in political
affairs during the later decades of the last century, and I
frequently spoke at large public meetings upon the subject
of religious education. I was always a strong churchman ;
but I never allied myself with either of the two extreme
parties in the Church itself. As I said in November 1903
in a speech I made at the Pavilion, Bright on, '^at the begin-
ning of my candidature for that borough :
I am a churchman, and I decline to accept any adjective
in front of that word " churchman " which would limit me
or describe me as belonging to any one party in the Church,
but the Church I 'belong to is a Protestant Church. His-
torically, constitutionally, and doctrinally, the Church of
England is a Protestant Church. Its Protestantism is the
only explanation, and the only justification, of its now being
severed from the body of the Western Church, and I am
very anxious that the law of our Church shall be capable
of enforcement.
It has been my experience, and one not unusual with
men who desire to stand firm by central principles, that I
have been attacked alternately by both the extreme parties.
I do not know how I had given offence to the English
Church Union at the time I was standing for Southwark
in 1880, but the secretary of that body has claimed to have
been instrumental in procuring my defeat at the second
election there. In 1884 my speech and vote in support
of the Bill for permitting marriage with a deceased wife's
sister, in spite of a warning addressed to me by my High-
Church constituents, turned some of my supporters into
opponents whose influence was felt in the troubles which
occurred there fifteen years later. The next attack came
from the other side. There was a little Orange Society at
Plymouth, and when I built St. Peter's Church, and set
398 FROM LABOUR TO REFRESHMENT [CHAP, xxxi
on the front of the tower, according to old and goodly
custom, the figures carved in stone of St. Peter, St. Andrew,
and St. John, they passed a resolution accusing me of
having set up a mass-house on the banks of the Thames,
adorned with graven images. That was easily dealt with.
I invited them to send their representatives to inspect the
church, and promised that if they found anything that
was illegal either in the structure or the services I would
pay the expenses of the deputation. I think they made
inquiries in London, and I heard nothing more of them.
In 1899 the increase of illegal practices in certain
dioceses, and especially in the diocese of London, led to
drastic proposals in the House of Commons which in default
of any action by the Bishops I declared my intention to
support. Then came memorable debates in both Houses.
In February of that year the Archbishop of Canterbury
(Temple), whose reputation for straightforwardness and
firmness gave his words great influence on the public mind,
made a declaration in the House of Lords in the name of
the whole of the episcopal body.
He said :
Although we are all quite determined that we shall
bring the ritual of the Church of England within its proper
lawful limits, we appeal to the laity generally to give us
time to go into the matter, and not to expect that, because
there has been this agitation, in the course of two or three
months the whole thing will be altogether changed. We
cannot do it in the time.
Two months later a debate took place in the House of
Commons, and a resolution intended to assist in the work
of correction was passed without a division " That this
House deplores the spirit of lawlessness shown by certain
members of the Church of England, and confidently hopes
that the Ministers of the Crown will not recommend any
clergyman for ecclesiastical preferment unless they are
satisfied that he will loyally obey the Bishops and the Prayer
Book, and the law as declared by the courts which have juris-
diction in matters ecclesiastical."
1906-14] TWO IMPORTANT RESOLUTIONS 399
When the motion was put to the House, Mr. Balfour,
under pressure from a little group of High- Churchmen,
wished to omit the last fourteen words. I and others
protested, and he gave way. They were retained in the
resolution by 200 to 14 ; I being one of the tellers for the
majority.
I believe that for some years this resolution was acted
upon, and an undertaking of obedience to the law was
required from a cleric before he was appointed to a Crown
living. I have much doubt whether in some more recent
years this important and mandatory resolution passed
unanimously by the House of Commons, and accepted and
supported by the Government of the day, has not been
wholly ignored.
A month later the Church Discipline Bill came before
the House, and the Government only prevented its being
read a second time by an amendment proposed by the
Attorney-General, Sir Richard Webster (afterwards Lord
Alver stone), declaring
That this House, while not prepared to accept a measure
which creates fresh offences and ignores the authority of
the Bishops in maintaining the discipline of the Church,
is of opinion that, if the efforts now being made by the
Archbishops and Bishops to secure the due obedience of
the clergy are not speedily effectual, further legislation
will be required to maintain the observance of the existing
laws of Church and State.
The years passed on ; a new Archbishop promised
" stern and drastic action " ; nothing was done ; and then
in 1904 the Royal Commission was appointed.
On October nth, 1899, in the very midst of my troubles
at Plymouth, I spoke at the Albert Hall to the largest
meeting I have ever addressed. It was the mass meeting
of men of the Church Congress. My topic was " The
Church and its Work." I felt that it was an exceptional
opportunity, and I gave more time and thought to the
consideration of what I should say than I ever gave to any
400 FROM LABOUR TO REFRESHMENT [CHAP, xxxi
other speech. I made my appeal for a revival within the
Church.
We have heard a great deal I think too much of
the Catholic revival. Is it not time that there was some-
thing said of a Christian revival, a revival that would
awaken us to a sense of our duty, our influence, and our
capacity, and help us to make the Church of England to
which we belong a more potent factor in all the moral and
social movements that affect our country ? l
These words did not help me in my difficulties at
Plymouth ; I knew they would offend many people there ;
but I felt it was my duty to say them.
I have quoted the words in which at the outset of my
candidature for Brighton I defined my position upon church
questions. It seemed curious that after that declaration
it was from the extreme Low-Church party that opposition
came.
An elector in the constituency, representing the Church
Association, wrote to ask me to pledge myself to vote for a
Bill for the inspection of nunneries. I refused to give any
such promise. Thereupon the Church Association issued
a pamphlet attacking me for having as patron allowed an
exchange of livings which brought to St. Peter's a vicar who
in the church of his former parish had worn the illegal
vestments ; and they circulated this pamphlet throughout
the constituency. As a matter of fact, I had refused to
permit the exchange until the incoming vicar had given
me in writing his undertaking, which he faithfully observed
during the eleven years of his incumbency at Staines, that
he would loyally obey the law in all the services of the church.
I may as well mention here that at the election for the
City of London in 1906 the last circular which the electors
received was a similar attack upon me by the Church
Association, which was posted to them at much expense
on the day before the polling, and of course had no effect at
all in a constituency which knew me so well.
1 Selected Speeches, p. 298; Public Speeches, 1890-1900, p. 296,
1906-14] A ROYAL COMMISSION 401
In May 1904 the Royal Commission was appointed, and
Mr. Balfour invited me to serve upon it.
It was unquestionably a strong commission, and fairly
represented the different sections of the Church; and it
addressed itself with great diligence to its appointed task.
There were 118 sittings, it examined 164 witnesses, and
sent out inquiries which brought very full information.
I was a regular attendant at the meetings, and willingly
(for I was then very hopeful that some good would come
of our labours) sacrificed a great deal of professional work
and income.
We had a misfortune in the death of Lord St. Helier at
the end of 1904. It was not only that he was a great
ecclesiastical lawyer, but he had for years been desirous of
providing a remedy for the disorders into which we were
commissioned to inquire. Seven years earlier he had
suggested to me the passing of an Act of two clauses, one
doing away with the Bishop's power of veto, and substitut-
ing a judicial veto on vexatious proceedings or the require-
ment of leave from the Court for their institution, and the
other substituting deprivation for imprisonment as the
penalty for contumacious disobedience. (Both these re-
forms were recommended in our Report.) His place was
filled by the appointment of Lord Alver stone, who was
less experienced and less interested in the subject.
The Report of the commission had been drafted before
my illness in March 1906, but it was still under consideration
when I came back to England, and I was present at the
final meetings. The fact that it was unanimous was chiefly
owing to the skill of Bishop Paget of Oxford in framing
sentences which different opinions found themselves able
to accept ; but upon the main questions referred to the
commission there was no difference of opinion at all.
The law was clear and unquestionable. The statement
of it in the Report was drawn up by Sir Lewis Dibdin,
Lord Alverstone, and myself, and its correctness has never
been disputed. It was equally clear that the breaches of
the law into whose prevalence we were commissioned to
402 FROM LABOUR TO REFRESHMENT [CHAP, xxxi
inquire were widespread and increasing, although we
were able to close our report with the statement that
in the large majority of parishes the work of the Church is
being quietly and diligently performed by clergy who are
entirely loyal to the principles of the English Reformation
as expressed in the Book of Common Prayer.
It was with much satisfaction that I signed the Report,
for while it contained some suggestions as to legislation
and the constitution of new courts which I did not think
very practical, or at all likely to be carried into effect, it
did very clearly point out the illegalities which were being
committed ; and its first recommendation was that certain
practices specified in the Report which were " plainly
significant of teaching repugnant to the doctrine of the
Church of England and certainly illegal, should be promptly
made to cease by the exercise of the authority belonging
to the Bishops, and, if necessary, by proceedings in the
Ecclesiastical Courts." And it justified the acceptance of
evidence from persons who had been employed to observe
and describe the services complained of in a very weighty
sentence :
We must also add that it does not follow that irregu-
larities in the services in a church should be passed over
because no habitual worshippers complain. Not only have
all the parishioners a right to complain who might possibly
attend if those services were differently conducted, but
also the nation has a right to expect that in the national
Church the services shall be conducted according to law.
It was a great disappointment to me that the time and
labour spent on this commission were wasted. Indeed it
would have been better if the commission had never been
appointed, for, like so many other Royal Commissions, it
was an instrument of delay, and those whose firm enforce-
ment of its unanimous recommendations would have done
much to cure the evils it was appointed to investigate found
in its report a pretext for inaction. When this became
1906-14] A TRIP TO SOUTH AFRICA 403
clear in the year 1910 I wrote some letters to The Times
upon the subject, and became President of the National
Church League, hoping through that society, and, with
the aid of the Laymen's Committee soon afterwards estab-
lished, to do something to check the spread of the illegal
practices which, with the tolerance of the Archbishops,
and even the encouragement of some of the Bishops, are
gradually effecting the disintegration of the Church of
England, and gravely endangering her privilege of estab-
lishment and her enjoyment of her great endowments.
The Report of the Royal Commission was signed on
June 2ist, and a few weeks later I went off with my son-in-
law, Captain Norman Rees-Webbe, for a trip to South
Africa. I could not have found a better companion, for
he had served in the war for two years and a half ; with
his regiment, the Northamptons, during the fighting advance
to Modder River ; and afterwards with the Army Service
Corps in convoying supplies in many parts of our
fields of operation. We were away about two months,
and every day of our stay in the Colony was full of interest.
Landing at Cape Town, we were for a few days the guests
of Dr. Jameson, then Premier of Cape Colony, at Groot
Schoor, and he asked some of his principal colleagues to
come and meet us at dinner. Travelling on to Kimberley,
we saw the battle-fields of Graspan, and Belmont, and
Magersfontein, and Modder River. At Kimberley we saw
the diamond floors and the great Siege Alley, and went down
to the lowest level of the Kimberley Mine, and were at the
midday explosions at the Wesselton Pit, and visited the
largest of the native compounds. At Johannesburg Mr.
Lionel Phillips himself was our guide in the deep levels of
Robinson Deep ; and here the members of the local Bar
entertained me to dinner at the Rand Club, J . L. Leonard
being in the chair.
At Pretoria, where we stayed at the hotel which was the
headquarters of General French during the later stages of
the war, I was again entertained by the Bar ; and here my
health was proposed by a young barrister, who had been
404 FROM LABOUR TO REFRESHMENT [CHAP, xxxi
a pupil of one of my juniors in the Jameson case, and had
greatly distinguished himself as a fighter on the Boer side
in the war. He has since obtained an even wider fame as
General Smuts.
On our way down to Durban we stayed at Ladysmith,
and paid a very interesting visit to the battle-field of Colenso.
Here is surely the strangest monument ever set up by
British hands. It marks the spot where, through some
unexplained accident or incapacity, the Boers were allowed
to capture and carry off ten British guns.
A short stay at Ladysmith and another at Pietermaritz-
burg, and then at Durban we took ship for home.
Our time on shore was too busy for me to write anything
except a series of letters to my wife, giving an account of
our doings, but I made up for this by a good deal of indus-
trious writing on board ship.
In the volume which I had bound for her and lettered
Trip to South Africa: August nth to October i^th, there
are about two hundred and fifty quarto pages of manu-
script. Fifty-five of them are my letters to her ; twice
that number contain the first draft of the early chapters
of this book. During our time at sea I read every evening
some chapters of the Pentateuch, and made careful notes,
and these notes, copied out the following morning, fill
fifty-seven pages. Then there are about a dozen pages of
scraps, and quotations, and comments upon books. It
was a pretty good output for a few weeks ; and the discip-
line of forcing the mind to activity upon subjects as far
removed as possible from the troubles of the early part of
the year was very useful. I came home with my physical
health and mental energy completely restored.
I determined then that henceforth I would always have
on hand some definite piece of literary work which would
fill my leisure thoughts with interest, and protect me from
the danger of listless idleness.
So I very soon set to work at my book on shorthand. I
procured many books, and studied many systems, and
spent much time in comparing them, and before the end
1906-14] SHORTHAND AND SWIFTHAND 405
of 1907 I published my system of Easy Shorthand. It was
at once successful; four editions of ten thousand copies
each were issued, and I am frequently hearing from distant
parts of the world of its adoption and usefulness. But my
new system of shorthand, like any other invention, needs
to be taken up by a publisher or some great educational
establishment, and worked on commercial lines, in order
to be fully successful. I believe that mine will gradually
make its way. At all events, it cannot be bought up and
extinguished, as happened to a useful system which
promised to be very successful a good many years ago.
In the course of my studies of the history of shorthand
I became much interested in a statement made in the
Biographia Britannica of a " Lineal Alphabet or Character
of Dashes" which is said to have been used by one Top-
cliff e, wherein " every letter was expressed by a single
straight stroke, only in different postures and places." And
this interest was of course deepened by examining the only
alphabet which answers his description, which is in the
handwriting of Charles I, and signed and sealed by him,
and was enclosed in a letter which he wrote from Oxford,
to the Marquis of Worcester on April 5th, 1646 (British
Museum, Harl. 6988, 121).
This alphabet has obvious and serious defects, and I
could find no other ; so I determined to invent one, and in
1908 I published Swifthand: a New Simple and Rapid
Method of Writing.
My practice at the Bar, which had fallen off with extra-
ordinary rapidity from 1904 to 1907, steadily increased
during the next four years, and did not give me much
leisure for other occupations, but early in 1911 I addressed
myself to a more important task which occupied my spare
time for over two years. The discussions which arose in
that year in connection with the Tercentenary of the
Authorised Version of the Bible showed a general agree-
ment that there was no satisfactory version of the New
Testament for use in private reading or in the public services
of the Church. And an address signed by one hundred of
27
406 FROM LABOUR TO REFRESHMENT [CHAP, xxxi
the foremost English representatives of theology, scholar-
ship, and literature was presented to the Archbishop of
Canterbury, asking for " such an emendation of the
Authorised Version of the New Testament as shall remove
all mistakes, whether they are due to mistranslation or
were the result of the use by King James's translators of a
Greek text which later research has shown to be faulty."
My own experience, for since I became a churchwarden
of St. Peter's in 1902 I have been allowed to read the
lessons at the Sunday services, had made me keenly sensible
of the need for such an emendation, and I had made it for
myself by carefully comparing the Authorised and Revised
Versions, and adopting the alterations in the latter so far,
and only so far, as they either corrected material errors in
the earlier translation, or were required in order to make
clear the meaning of the sacred writer. This need is most
strongly felt in the Pauline Epistles, and before the address
was presented to the Archbishop I had privately printed
and circulated a version thus prepared of the Epistle to the
Corinthians. This was so well received that in February
1912 I published the Epistles of St. Paul (including in the
book the Epistle to the Hebrews), and in August 1913 the
complete text of the New Testament. I hear from time
to time of this book being used, as it may quite lawfully
and properly be, in the public worship of our churches.
Of my professional work during the years to which this
chapter relates there is not much to tell.
My resignation of the seat for the City of London and
the circumstances by which it was accompanied made an
end of all political hopes, while my practice at the Bar
was rapidly diminishing. This was not strange, for the
manifold occupations which had fallen upon me in 1906
were enough to make my presence in court so uncertain
that clients very wisely sought other representatives. And
there was a brilliant group of younger men, Rufus Isaacs,
John Simon, F. E. Smith, and H. E. Duke, any one of whom
might well be chosen to fill my place.
I did not entirely give up the hope that I might become
1906-14] BUSY TO THE LAST 407
a judge ; I did not quite abandon that until several years
later, for I remembered how Sir James Bacon was ap-
pointed Vice-Chancellor at seventy years of age, and lived
to earn his pension by fifteen years of service. But his
case was exceptional, and I thought, perhaps mistakenly,
that I was less likely to get judicial office from the party
which I had always opposed than from that to which the
loyal service of many years had been given. However, as I
have said, my practice soon began to recover, and to the
end of my half-century it continued to be counted in
thousands, although they were very few as compared with
the golden shower of 1902. My rule as to the minimum
fee was never relaxed.
No case of very great public importance occurred in
those years ; but before the Judicial Committee of the Privy
Council I argued interesting questions sent from India and
Canada and South Africa.
The two cases that interested me most were the two
election petitions in which I appeared after an interval of
thirty years.
At Hartlepool in 1910 I was defeated in the attempt to
defend the seat, to the entire satisfaction of my client and
his family. Sir Christopher Furness was no longer equal to
the work of the House of Commons, and the peerage which
was almost immediately bestowed was by no means unex-
pected. In the following year I had a very hard fight, and a
very pleasant victory, at Nottingham ; and it was singularly
interesting to me that I should be quoting with good effect
in defence of the Conservative member the judgement which
I had listened to at Plymouth thirty-oneyears before.
Perhaps the most curious of my cases during this period
was an action for slander in which I had three King's Counsel
as my juniors. They were of the highest rank, and had
magnificent fees, and were all present during the trial, but
from the beginning to the end neither of them was called
upon to say a single word.
My appointment to the Privy Council in 1908 was very
gratifying and quite unexpected. I was dining at Lincoln's
408 FROM LABOUR TO REFRESHMENT [CHAP, xxxi
Inn on November 2nd, Lord Macnaghten and Cozens-
Hardy, the Master of the Rolls, being with me, and we were
talking about Law Officers, and the cases in which they
had failed to attain judicial rank, when a note from the
Prime Minister marked " private " was put into my hands.
It said, with very pleasant expressions of personal friend-
ship, that he had the pleasure of proposing to me with
the King's approval that I should be sworn a member of
the Privy Council on the occasion of His Majesty's birthday.
Of course I accepted ; and I confess that the offer gave
me so much pleasure that the week which elapsed before,
on the morning of the King' s birthday, the public announce-
ment was made seemed to me a very long week indeed.
I had a fine reception when I went to the Guildhall
banquet that evening, wearing for the last time my black
velvet court dress, and Asquith told me that my appoint-
ment was by far the most popular in the day's list.
I soon had notice to attend at Windsor Castle to be
sworn in, and the notice said " morning dress." So I
drove over from Thorncote on the appointed day dressed
in my usual grey suit. I thought the servants who showed
me up to the room where we were to wait looked at me
rather oddly, but the reason did not occur to me. The
others had not arrived, and I found afterwards they had
waited for me a few minutes at Paddington, expecting me
to join the special train which brought the party from
London. There were five of us to be sworn of the
Council, and we were rather an odd group. Sir Rennell
Rodd had been appointed earlier, and for some reason had
delayed taking the oaths. The four new members were
Mr. J. A. Pease, Mr. Herbert Samuel, Sir Charles McLaren,
and myself. Pease, as a Quaker, had to affirm ; Samuel,
a Jew, had to swear on the Old Testament and with his
head covered ; so the ceremony was rather a long one.
Three of us took the oaths in the ordinary way ; then Pease
affirmed. The only difficulty was with Samuel, but it was
decorously solved. He had a new hat which he held behind
his back. Just as he kissed the book he jerked up his hat
,
1906-14] LAW GUARANTEE SOCIETY 409
and touched the top of his head with it, while King Edward
looked another way. We had an excellent lunch after-
wards, served at three rather large round tables, and I sat
next a pretty young woman who was a lady-in-waiting
to one of the princesses.
I asked her what was the rule of the Court about morning
dress. " Oh," she said, " it means black frock-coats." I
asked if every one staying at the Castle was expected to
come to breakfast in a black frock-coat. " Yes," she said,
" that was so, although the King never met his guests at
breakfast." I said, " Do you mean that they put on black
frock-coats whatever they are going to do afterwards ? "
" Yes," she said, " it is a strict rule." I think she, like
the others, was much amused by my breach of etiquette.
In 1909 I had a heavy financial loss, which at the time
troubled me a good deal, but has turned out to be of very
little consequence. Twenty years before a group of London
solicitors, all men of high position in their profession, and
all men of great experience and of the highest honour,
established the Law Guarantee Society. The plan was
sound, their influence was very great, and the venture
was immediately successful. Only one-tenth of the sub-
scribed capital was called up, and upon the money so paid
10 per cent, interest was regularly paid for nearly twenty
years. Then whispers got about that things were going
wrong, and in 1908 Lord Alverstone and I, who were both
large shareholders, and I think one or two others who could
be completely trusted, were told that the difficulties were
serious. The fact was that in 1888-9 the prosperity of the
country was at its highest level, and the prospects of every
commercial undertaking appeared to justify courageous
speculation upon the future. This was especially the case
with undertakings concerned with the liquor, traffic or with
public amusements, and unfortunately the larger part of
the early business of the new society was in lending money
on mortgage of properties of this description. The directors
were advised by surveyors of the best repute, who probably
would have been more careful if they had themselves
4io FROM LABOUR TO REFRESHMENT [CHAP, xxxi
shared the directors' responsibility. These valuations were
too costly to be repeated periodically, and the result was
that vast sums were lent on public houses, and breweries,
and hotels, and theatres, which, when the society foreclosed
the mortgage and took possession, could not have been
carried on at a profit, even if the officials had always been
scrupulously honest. All the directors stood manfully by
the failing venture, and were themselves among the heaviest
losers when the crash came and the society failed with
liabilities of eight millions of money.
I was a shareholder, and a debenture holder, and had
subscribed for debentures guaranteed by the society ; and
I found that the modest income which I thought I had
secured for my days of retirement was reduced by about
one-third.
So I was obliged to leave my pleasant but expensive
home at Thorncote. It fortunately happened that two or
three years before my fellow-churchwarden and I had
jointly purchased a strip of land at the side of the church
grounds and with a frontage to the towing-path. We
feared that it might be bought by a speculative builder
and used for a row of cottages. I now bought out my
partner in the ownership, and there built a small house
in a delightful situation, which we have found quite large
enough for comfort, and which I hope will some day serve
as a not too expensive vicarage.
As politics no longer filled my thoughts, and the law
was making less and less demand upon my time, the third
great interest of my life came to fill a more important place.
During all those years of absorbing professional work, years
spent in learning and forgetting the details of the quarrels
of others, or of the perpetual conflict between law and
crime, there had often come to my mind the pathetic
opening lines of one of Trench's finest sonnets :
"To leave so many lands unvisited,
To leave so many glorious books unread."
I had tried, as the last chapter will have shown, to use to
1906-14] THE EARTHLY PARADISE 411
the full my opportunities of travel, and I had often hoped
that " in those may-be years I had to live " some short
space of quiet time might be granted me to turn back to
those pleasures of literature which had been the delight
of my boyhood. The famous passage in which Nicold
Machiavelli, in the year when his political employments
ceased, described in a letter to his friend the joys of a library
often haunted my thoughts.
But when evening falls I put off my country habit filthy
with mud and mire, and array myself in royal court garments.
Thus worthily attired I make my entrance into the ancient
courts of the men of old, where they receive me with love,
and where I feed upon that food which only is my own,
and for which I was born. They, moved by their humanity,
make answer : for four hours' space I feel no vexation.
Poverty cannot frighten, nor death appal me.
My library is richer than that of the famous Florentine,
for he had only the literature of Italy, in its ancient or its
modern tongue, while I, subject to limitations of language,
have all the wealth of the four centuries which have passed
since he wrote those words. Those limitations are indeed
sometimes irksome, when I think of the fortunate ones to
whom the circumstances of their youth have given the
opportunity of learning to enjoy in their original beauty the
masterpieces of the great writers of classic times. But I do
not think of them with any soreness of envy. ^Eschylus,
Plato, and Virgil are not for me. But I have Shakespeare,
and Bacon, and Milton, and all their troop of worthy suc-
cessors, and I feel no need of more. Others may feed in
a wider pasture, but they have no better food.
And here I have passed from the labour of life to its
time of refreshment.
I am sitting in my library I planned the house, so of
course it is the largest room sarrounded by my books.
On the top of the low book-shelves stand a few choice
bronzes, Voltaire and Rousseau among them, and some
fine specimens of my favourite Martin-ware. On the walls
412 FROM LABOUR TO REFRESHMENT [CHAP, xxxi
are some proofs of Landseer and Rosa Bonheur, and the
likenesses of Pitt, and Fox, and Canning, and Wellington,
and Peel.
Chief treasures of all are Biscombe Gardner's portrait
of my great master in politics, as he stood in the House of
Lords in 1878 and spoke of the Berlin Treaty ; and his
favourite clock which now stands upon my mantel-shelf.
I look from the windows over the green turf of the church
grounds, and across the silver stream, and through the
thinning autumn leaves see the low outline of the Surrey
hills.
There could be no sweeter surroundings, and I turn back
to my desk in full contentment to write the closing pages
of this book.
CHAPTER XXXII
THE END OF THE STORY I 1 914
EARLY in the year 1914 I had to respond for " The Bar "
at a city dinner, where many lawyers were present, and,
tempted into reminiscence and forecast, I noted that I was
in my fiftieth year of active practice, and that I did not
intend to continue in legal work after the close of the half-
century.
At the end of May the first words of public farewell were
said most appropriately at the Old Bailey, where my earliest
and my most notable successes had been won. I was now
appearing for the principal defendant in a very important
case, and my friend Sir John Simon, who some years bejore
had held his first brief in a criminal case as my junior
in the defence of Mrs. Penruddock, was now prosecuting
as Attorney-General. The judge, Sir Charles Darling,
between whom and myself 3 there has always been some
fellowship in literature, as well as in politics and law, said
very kind things about me, and although I appeared later
in the civil courts, this was practically the end of my legal
work.
But there was reserved for me a crowning honour. On
July I7th, the latest day available before the beginning of
the Long Vacation, the Bench and Bar entertained me at
a dinner in Lincoln's Inn Hall, at which two hundred and
fifty of my brethren in the law assembled to do me honour.
It was impossible for me look along their ranks without
pride and emotion.
Haldane, the Lord Chancellor, was in the chair, and the
Attorney-General sat upon his left, and shared the duty of
4*3
414 THE END OF THE STORY [CHAP, xxxn
proposing my health. Twenty-five judges were there, and
those who had been kept away by circuit duties or ill-
health sent their regrets and congratulations. Over a
hundred King's Counsel were at the tables, and wherever
I looked some faded recollection of legal work came back
with sudden freshness. It is dangerous to mention names,
for one knows not where to stop. But some must be
noted. Next to me on my right sat the Nestor of the Law
Halsbury in full activity of mind and body, although
he carried the weight of ninety-one toilsome years. At
every step of my life in politics and in law he had been my
companion and my friend. Courtney had known me before
I was called. Morley's presence I felt as a special honour.
Rathmore embodied all my pleasantest recollections of the
House of Commons. Moulton, Reading, Sumner, Finlay,
Cave, F. E. Smith, Henry Dickens, Balfour Browne, Poland,
H. E. Duke, brought back memories of forensic conflicts.
Almost all the judges had at one time or another spoken
of me as " my learned leader." Thirty-four years had
passed since I took pupils, but four of my old pupils were
there to meet me. Both my sons were there, both barristers,
one of eighteen years' standing, one of eight. And in the
gallery my daughter and her soldier husband sat with
Lady Clarke.
That was the closing scene of my public life.
But there is something yet to be added.
Charles Russell said to a friend who asked for infor-
mation that would help him to write a biography, " Don't
you think that the best thing I could do would be to write
my own life from my own point of view ? " That is what I
have done in this volume. But I do not think the book
would be complete if I stopped at this sentence. The
reader who has been interested in this story would like to
know the thoughts and feelings of the chief actor in the
drama of life which has been here narrated, as he looked
back over the incidents of his own career. I expressed
them frankly in my speech that night, and with the quota-
tion of that speech I close the record.
1914] A RETROSPECT 415
It is very difficult for me to make reply to the speeches
which have just been delivered, or to thank you for the
great honour that you are doing to me in this assembly of
my brethren of the law, who are offering to me an un-
exampled honour to-night. The most difficult task of all my
professional life has been reserved for its close it is difficult
indeed to make response, and perhaps dangerous to try to
make any. I am here to take your verdict upon my career
and character, and there has been a curious inversion of the
ordinary practice of our courts. The Lord Chancellor has
pronounced judicial and reasoned judgement, and after he
has given that judgement, the Attorney-General has made
an eloquent speech for the defence, and now, when these
are finished and all is over, except the shouting and there
has been some of that I am called upon to speak for
myself. But the court is so clearly in my favour that to
make any reply at all is rather dangerous, as it might
suggest to the judges that after all there was some reason
to think that something might be said on the other side.
But I can, of course, try to answer the matter of these
very kind and generous speeches. Apart from the merits
which friendship to-night has magnified, or the defects
which friendship to-night is kind enough to forget, there
is only, indeed, one matter referred to on which I can fitly
speak, and that is the unusual length of my career at the
Bar. Fifty years have passed of active work at the Bar
from beginning to end. There were twenty-two years
of upward strife ; there were six years of Law Office ; and
since then there have been twenty-two years of private
practice, continuing to the end not as nominal practice,
but as substantial and I say it under my breath lucra-
tive practice down to this very month. My life at the Bar
began before the Law Reports were born, but every year
the Law Reports have contained a record of some of its
incidents. In the first volume of the Privy Council
Reports a case is mentioned in which my name appears as
counsel when I was junior in a very important criminal
appeal to Hardinge Giffard, and I believe that the Law
Reports of the King's Bench Division for next month will
contain a Report of the latest argument of mine in the
King's Bench. That pretty completely fills the fifty years.
It is a proud moment for me to stand in the midst of this
great gathering of the chiefs and leaders of my profession
416 THE END OF THE STORY [CHAP, xxxn
and to be assured by them, as you have assured me to-night,
that throughout these fifty years I have maintained the
noble traditions of the English Bar. The name which I
have just mentioned suggests the only personal reminis-
cence upon which I will venture to-night. My firm resolve
to make my way to the Bar dates from the night when
nearly sixty years ago I heard in the House of Lords Lord
Lyndhurst, then eighty-eight years of age, make a speech,
and I noted the respect and almost reverence with which he
was treated in that House. My first case reported at the
Bar before the Law Reports existed is to be found in The
Law Journal for April 27th, 1865, when I was junior to
McMahon in an extradition case, and the leader on the
other side again was Hardinge Giffard. My leader was just
finishing his argument, and Giffard spoke to me and said,
" How long do you think you will be ? " " Oh ! " I said,
" I don't think he has left anything for me to say. I don't
think I need follow." " Never mind," said Giffard, " you
go on ; you want the judges to know you, and you want
to get used to hearing your own voice in the courts." I
followed that good advice, and I have been grateful for
that good advice during all the fifty years that have passed
since. From that day to this Giffard has been my kind
friend, and it is one of my greatest pleasures in standing
here to-night to receive this tribute of your kindness and
goodwill that there should be sitting next to me the Lynd-
hurst of our day, who has come to join in doing me honour.
There is one drawback to the profession of the Bar, and it
is this that the barrister's work, however well it may be
done, is rarely known beyond his own generation. There
are, no doubt, from time to time, cases of great public
importance like, for instance, the Jameson case, or perhaps
still more like the Parnell divorce case, leading to very
great and far-reaching political results ; but although the
names of these cases will be found in history, the names of
the counsel engaged in them are unimportant and very soon
forgotten. But there is one way in which an advocate may
seek to secure some longer recollection of his work. Oratory
has a literature of its own. The delightful and sadly neg-
lected art of rhetoric finds its best illustration in forensic
speech, and if an advocate addresses himself to his work,
not only to the practical end of securing a verdict, but with
the desire that his speeches shall have some literary quality,
1914] LEISURE; NOT IDLENESS 417
there is a possibility that they may be remembered later.
I have done my best. The output of fifty years seems very
small, but there are six speeches three in the Criminal
Courts, three in the Civil Courts which I hope may be
remembered for some time even after my generation has
passed away. Let me say that I have been anxious to
make better acknowledgment of your kindness to me
to-night than could be conveyed in an inadequate speech,
so I have done myself the pleasure of writing my name and
the date to-day in sufficient copies of my volume of speeches
to provide one for every diner at these tables. I shall be
grateful to you if, when you leave this hall, you will each
kindly take one of these packets and accept it and keep it
as a souvenir of your kindness and of my gratitude.
You have spoken of the leisure to which I may now look
forward, and you, my Lord Chancellor, have very kindly
encouraged me in the hope, which I trust may be at some
time gratified, that, although I am parted from professional
work at the Bar, I may be able to do some service to the
public in some capacity for which my experience and know-
ledge may have fitted me. I do not think that leisure will
be passed idly ; in fact, the increasing leisure of the last
few years has not been wholly wasted. I have written the
story of my life for forty years. I have prepared the best
English version of the New Testament that has ever been
published. I have contrived the easiest system of short-
hand that any one could learn. I have invented the simplest
alphabet that the world has ever seen. I am not speaking
of these things to claim any great credit for them. There
is hardly any one in this hall who could not have done any
of them if the thought had occurred to him, and if he had
been willing to give the labour and the time which were
necessary for the work. But at all events, I hope it may be
an assurance that the leisure which I am hereafter to enjoy
is not likely to be wholly wasted. You have spoken of my
public and political life. I have had two great disappoint-
ments, serious disappointments ; one which tried me very
hard indeed, and one which was of comparatively minor
significance. I did not come to the Bar from any attraction
for the study of law, but I came to the Bar because I
believed that through this profession, and through this
alone, I might be able to make my way to political influence
and position. For a time all went well. Before I was
4r8 THE END OF THE STORY [CHAP, xxxn
forty years of age, which, considering my commencement,
was early, I had a seat in the House of Commons. Within
six years I had become Solicitor-General, and then I had
six years of the pleasantest association with my dear friend
Richard Webster, who wrote to me yesterday, as well as
writing to the chairman, and from whom I was glad to
hear that he was so much better that he hoped next week
to return to his home at Winterfold. Those six years
passed. I had three years of even greater enjoyment in
active work on the Front Opposition Bench, the most
delightful position in the House of Commons. But there
came a time a little later when, upon a very grave question
of public importance, I found myself in conflict with the
leaders of my own party, and with the popular feeling of
the time. I could not make terms with my conscience. I
acted as I believed to be right, and my political ambitions
and hopes suddenly passed into shadow. There was an
afterglow, where afterglows are not often seen, in the City
of London ; but an afterglow, however interesting and even
brilliant it may be, is never the beginning of a new day, and
so the political hopes vanished. And then there came to
my mind the hope that I might be thought worthy of wear-
ing the judicial ermine. That dignity, indeed, had been
offered to me some years before, but it was at a time when
my political ambition had not suffered eclipse, and I refused
it. No opportunity of acceptance was given later, and so
it comes to pass that at the end of these fifty years I finish
as I began, as a private member of the English Bar. To
some that will look like failure, and indeed, of late years,
I have been fond of quoting the beginning of that fine
sonnet of Trench which begins, " Not all who seem to fail
have failed indeed."
But there has been no failure, and I have no reproaches
or regrets. If success in life is to be measured in terms of
personal happiness, as I think it ought to be, then no man
ever had a more successful life than mine. God has blessed
me with health in mind and body, and has given me many
kind and faithful friends. I have spent my life in the
practice of the most interesting profession in the world. I
have had golden opportunities of distinction, both in
politics and on the forensic side of law, and my political
and professional activities have had for their background a
domestic life of complete and continuous happiness. I am
1914] LAST WORDS 419
grateful to the committee and to you that the authors and
sharers of that happiness, chief of them my dear wife, have
the opportunity of being here to-night. It cannot but be
that in the course of half a century of keen and constant
and strenuous controversy I have from time to time been
unfair and discourteous to my opponents (cries of " No,
No") and have failed to appreciate and to acknowledge
the help that has been given me by my juniors. There
must in such a time have been such cases. It has never
been from malice or jealousy, but it may have happened in
the stress of very hard work and very great responsibility.
I hope that when I leave this hall to-night I may feel that
all such faults have been fully and freely forgiven, and that
there is not a cloud to dim the memory of the happy half-
century of work of which this is the closing scene. Once
more with all my heart I thank you.
When the speeches were over Lady Clarke and my sons
and daughter joined me in the Benchers' Parlour, and there
we received the farewell congratulations of many friends.
Then, with my wife and daughter and my daughter's
husband, I motored down to my home at Staines. There
was little talking on the way. My heart was full of thank-
fulness to God Who had given me health and strength for
fifty years of strenuous work, and had surrounded me at
their close with so much love and honour.
LIST OF THE PLACES OUTSIDE LONDON AT
WHICH I HAVE MADE POLITICAL SPEECHES
Ascot
Ashton-under-Lyne
Aylesbury
Barnet
Barnstaple
Bath
Bedford
Bewdley
Bideford
Birmingham
Bishop's Stortford
Blackburn
Bradford
Bridport
Brighton
Bromley
Callington
Camborne
Cambridge
Canterbury
Cardiff
Chatham
Cheltenham
Chertsey
Clifton
Colchester
Coventry
Croydon
Darlington
Darwen
Devonport
28
Doncaster
Dover
Dublin
Durham
Eastbourne
Edinburgh
Enfield
Epsom
Eridge
Evesham
Exeter
Falmouth
Felixstowe
Folkestone
Frome
Glasgow
Gloucester
Grantham
Gravesend
Guildford
Hartlepool
Harwich
Hastings
Hertford
Hull
Ipswich
Kettering
Kidderminster
King's Lynn
Leeds
Lewes
421
422 PLACES WHERE I HAVE MADE SPEECHES
Liskeard
Liverpool
Luton
Maidstone
Manchester
Newcastle-on-Tyne
Newton Abbot
Northampton
Oldham
Paignton
Parkstone
Penzance
Petersfield
Plymouth
Poole
Portsmouth
Preston
Reading
Richmond
Rochdale
Saffron Walden
St. Ives
Salisbury
Sheffield
Slough
Southampton
Southend-on-Sea
Stourport
Sunderland
Sutton
Swansea
Swindon
Taunton
Tavistock
Teignmouth
Tiverton
Tonbridge
Torquay
Trowbridge
Tunbridge Wells
Twickenham
Uxbridge
Wadebridge
Warwick
West Bromwich
West Ham
Whitby
Winchester
Windsor
Woodstock
Yeovil
York
INDEX
Abbs, Mr., 260
Abergavenny, William, 5th Earl
of, 96
Acland-Hood, Sir Alexander (after-
wards Lord St. Audries), 386,
389
Adams, Mr., editor of The Western
Mail, 101
Administrative Reform Associa-
tion, meeting at Drury Lane
Theatre, 43
Africa, South, war in, 354, 364
Agg-Gardner, Sir James, election
petition cases, 102, 175
Akers-Douglas, Rt. Hon. A. (Lord
Chilston), at the Conference on
Tariff Reform, 381
Albert Hall, meetings at, 112 note,
399
Aldenham, Alban, Baron, 375
Alexander II, Emperor of Russia,
memorial to, 342
Algar, William, Mayor of Plymouth,
256
Algeciras, 387
Allen, Dr. Thomas, 58
Alverstorie, Richard, Baron, 399 ;
member of the Ecclesiastical
Discipline Commission, 401. See
Webster
Anderson, Mary, appearance, 72,
J 95
Anson, Rt. Hon. Sir William, at a
meeting against Tariff Reform,
382
Arnold, Matthew, 40
Arts, Society of, examinations, 30,
32
Ashley, Evelyn, 65
Askwith, George, 282
Asquith, Rt. Hon. H. H., Home
Secretary, 313 ; Welsh Church
Disestablishment Bill, 313
Aston Park, riot at, 218
Atkinson, Judge, 82
Austen, Jane, 39
Avis, Mrs., 139, 143
Avory, Horace, 327
Axbridge, 5
Bacon, Vice-Chancellor Sir James,
407
Balfour, Rt. Hon. A. J., member
of the National Union Central
Committee, 216, 217 ; restora-
tion of peace and order in Ire-
land, 270 ; on the proposal to
carry on Bills, 288 ; changes in
his Cabinet, 371 ; defeat at Man-
chester, 377 ; M.P. for the City
of London, 380 ; relations with
Sir E. Clarke, 380, 388 ; negotia-
tions on Tariff Reform, 381 ;
speech on Tariff Reform, 383 ;
treatment of Sir E. Clarke, 388,
390
Balfour, Rt. Hon. Gerald, at the
Conference on Tariff Reform, 381
Balfour, Miss, 380
Ballantine, William, characteristics,
8 1 ; visit to India, 81 ; at Bou-
logne, 8 1
Banbury, Sir Frederick, 375
Bankruptcy Bill, 204, 206, 208
Barlow, William, 54
Barnett, Mr., agent of the Duke of
Marl borough, 107
Barnett, Mr., candidate for Dover,
104
Barran, Mr., 204
Barrington, George, 7th Viscount,
1 66
Bartlett, Adelaide, marriage, 246;
relations with G. Dyson, 247 ;
death of her husband, 248 ; trial,
249-253, acquitted, 253
Bartlett, Thomas Edwin, marriage,
246 ; relations with his wife,
247 ; death, 248
Bates, Sir Edward, election peti-
tion case, 183 ; candidate for
4-3
424
INDEX
Plymouth, 235, 244, 255 ; re-
tires, 315
Bath, 5, 1 08
Beaconsfield, Benjamin, Earl of,
kindness to Sir E. Clarke, 164,
165 ; death, 189 ; portrait of,
241. See Disraeli
Beal, Edward, 249
Beaty v. Gilbanks, 298
Bechuanaland British Protector-
ate, 324
Begg, Faithful, 375
Behr, George, 69
Belgium, 235
Bellew, Rev. J. M., Blount Tempest,
85 ; criticism on, 85
Benjamin, Judah P., 271
Bennett, Thomas Randall, lectures
on Constitutional Law, 59; pupils,
65
Benson, Harry, schemes of fraud,
139 ; the Great Turf Fraud
trial, 139-147 ; cross-examina-
tion, 145
Bentinck, Lord George, 18
Beresford, Colonel Marcus, M.P. for
South war k, 103, 156
Bernays, Sir Albert, 112
Bevan, Mr., election petition case,
Bexhill, 31
Bigham, John C., 279. See Mersey
Bills, proposal to carry on, from
session to session, 192, 204, 287 ;
Committee appointed, 288
Binnie, Sir Alexander, 391
Birmingham, Conference of the
National Union, 214
Biron, Robert, 175
Blackburn, Mr. Justice, 83
Blair, Mr., 368
Blake, Mr., on Irish finance, 334
Blandford, Marquess of, relations
with the Prince of Wales, 213
Boer War, 354, 364
Booth, General, organisation of the
Salvation Army, 298
Borthwick, Sir Algernon, election
petition case, 176 ; on the pro-
posal to carry on Bills, 288. See
Glenesk
Bousfield, Major, 108
Bradlaugh, Charles, 66 ; contro-
versy in the House of Commons,
189, 192
Bramwell, Baron, 272
Bright, Rt. Hon. John, 167
Brighton, 308 ; election, 372
Brindisi, 318
Bristowe, Dr. J. S M 126 ; evidence
on the Penge case, 127
British Guiana, boundaries of, 319-
323
Brodribb, Thomas, 31
Brodrick, Hon. George, candidate
for Woodstock, 107
Bronte, Charlotte, 40
Brougham, Henry, ist Baron, Lives
of the Statesmen of the Reign of
George III, 43 ; at a meeting of
the Working Men's Club, 63, 64
Brown, Clara, 123 ; evidence at the
Penge trial, 128
Brown, George, evidence at the
Macclesfield election petition case,
181
Brown, Joseph, 86
Browne, Balfour, K.C., at the fare-
well dinner to Sir E. Clarke, 414
Browning, Mrs., 40
Browning, Robert, 40
Bruce, Mr. Justice Gainsford, 375
Bryant, Kathleen, 194 ; appear-
ance, 195 ; marriage, 195. See
Clarke
Buckland, Virgo, 200
Bucknill, Mr. Justice Thomas,
Counsel for the Defence in the
West of England Bank case, 173
Burnaby, Colonel, elected member
of the National Union, 217
Butt, Sir Charles, Judge in the
Parnell divorce case, 289
Butterfield, Mrs., 121
Byron, Lord, 39 ; anecdote of, 70
Cadogan, George, 5th Earl, at the
debate on the Home Rule Bill,
39
Cairns, Hugh, ist Earl, 205
Cairo, 387
Campbell-Bannerman, Rt. Hon.
Sir Henry, 383
Canada, 366
Candlewick Ward Club, meetings
8
Canning, Rt. Hon. George, 5
Cannon Street Hotel, meeting, 388
Canterbury, election petition case,
177
Cardiff, meetings at, 101, 109
Carlyle, Thomas, 40
Carson, Rt. Hon. Sir Edward, 328
Casabianca, Mr., 120, 122
Cattley, Mark, 163 ; candidate for
South war k, 169
Causton, Richard, M.P. for Col-
chester, 174. See South wark
INDEX
425
Cave, Rt. Hon. Sir George, at the
farewell dinner to Sir E. Clarke,
414
Cave, Mr. Justice Lewis, 175
Cavendish, Ada, appearance, 74 ;
costume, 74 ; career, 74
Cavendish, Victor (Duke of Devon-
shire), at a meeting against Tariff
Reform, 382
Chamberlain, Rt. Hon. Austen, at
the conference on Tariff Reform,
381
Chamberlain, Rt. Hon. Joseph,
President of the Board of Trade,
204 ; Bankruptcy Bill, 204, 208 ;
attack on shipowners, 209 ; Mer-
chant Shipping Bill, 210; ad-
mitted to office, 211 ; relations
with W. E. Gladstone, 211, 212 ;
personality, 212 ; character of
his speeches, 212 ; resignation,
246, 371 ; relations with Lord
Hartington, 264 ; at the Round
Table Conference, 264 ; plan of
National Councils for Ireland,
264 ; article in The Baptist, 264 ;
on the proposal to carry on Bills,
288 ; Colonial Secretary, 324 ;
Workmen's Compensation Bill,
339 ; negotiations with South
Africa, 346, 350 ; Tariff Reform
scheme, 367, 381
Channel Tunnel Bill, 271
Chaplin, Rt. Hon. Henry, 216 ;
elected member of the National
Union, 217
Charles, Sir Arthur, Counsel for the
Defence in the West of England
Bank case, 173
Charley, Sir W. T., member of the
National Union, 97, 98
Chartist riot of 1848, 13
Chelmsford, Frederick, ist Baron,
8?
Cheltenham, meeting at, 101 ; elec-
tion petition case, 175
Chester, Harry, 30, 59
Childers, Rt. Hon. Hugh, member
of the Commission on Irish
Finance, 333
" Church and its Work," 399
Church Association, attacks on Sir
E. Clarke, 400
Church Defence Institution, 397
Church Discipline Bill, 399
Churchill, Lord Randolph, engage-
ment, 107 ; friendship with Sir
E Clarke, 107, 218 ; candidate
for Woodstock, 107 ; nervous-
ness at addressing the election
meeting, 108 ; seat in the House
of Commons, 191 ; position in
Parliament, 211 ; characteristics,
213 ; member of the Council of
the National Union, 214 ; at the
Birmingham Conference, 214;
elected chairman, 215; resigna-
tion, 216, 217 ; Chancellor of
the Exchequer, 255 ; leader of
the House of Commons, 263 ;
resignation, 26 ^
Churchill, Rt. Hon. Winston, Life
of Lord Randolph Churchill, 214,
217 note
City Commercial School, Lombard
Street, 21, 68
Clark, Sir Andrew, 153
Clarke, Sir Andrew, 347
Clarke, Annie, illness, 91, 153, 167,
188 ; birth of her sons, 92, 94 ;
recovery, 93 ; birth of her daugh-
ters, 94, 114; death of her
daughter Mabel, 154 ; at Hast-
ings, 154 ; letters from her hus-
band, 154, 161, 162, 164, 165 ;
death, 189. See Mitchell
Clarke, Edward, M.P. for Taunton, 2
Clarke, Sir Edward, 2 ; Treasurer
of Lincoln's Inn, 3 ; sketch of
his life, 3
Clarke, Sir Edward, Lord Mayor
of London, 4
Clarke, Rt. Hon. Sir Edward, an-
cestors, 2 ; namesakes, 2-4 ;
father, 5, 8 ; mother, 6, 10 ;
birth, 7 ; childhood, 8-16 ; home
in King William Street, n ; at
Greenwich, 13 ; at school at
Edmonton, 16-18, 20 ; lessons
in shorthand, 17 ; elocution, 17,
23 ; at the Duke of Wellington's
funeral, 19 ; friendship with R.
Pottle, 21 ; at the City Commer-
cial School, 21-24, 68 ; recita-
tions, 24, 68 ; life in the shop,
25-37 ; attends evening classes
at Crosby Hall, 30 ; prizes, 30,
31 ; essay on Hamlet, 31 ; walk-
ing tours, 31, 32, no; Associate
in Arts of Oxford University,
33 ; at Hampton Court, 33 ;
first meeting with Annie Mit-
chell, 33 ; wins the examination
for a writership in the India
Office, 35 ; influence of books,
38-42 ; play The Serf, 42, 70 ;
lectures, 46, 53 ; attends a
choral society, 47 ; work at the
426
INDEX
India House, 49 ; attends even-
ing classes at King's College, 51,
71 ; edits the Journal of the
Evening Classes for Young Men,
52 ; contributions, 53 ; engage-
ment, 54 ; gratuity on leaving
the India House, 56 ; examina-
tion for the Tancred studentship,
57-59 I elected a Student of Lin-
coln's Inn, 59 ; attends lectures
at the Working Men's College,
59 ; literary work for newspapers,
60 ; study of rhetoric, 60 ; at-
tends debates of the Hardwicke
Society, 61, 90, 05 ; study of
speeches in the House of Com-
mons, 62, 90, 95; Hon. Secretary
of the Working Men's Club and
Institute Union, 63 ; engagement
broken off, 64 ; pupil under Mr.
Bennett, 65 ; barrister of Lincoln's
Inn, 67 ; visits to the theatre, 68 ;
theatrical acquaintances, 70-75;
Associate of King's College, 76;
chambers, 77 ; at the Surrey
Sessions, 78 ; case at the Central
Criminal Court, 80 ; address at
the " Socials " debating society,
83 ; reconciliation with Annie
Mitchell, 84 ; ceases to be on the
staff of the newspapers, 85 ; ex-
tradition ca?es, 86, 87 ; fees, 87,
90, 93, 114, 149, 171, 194, 259;
book on extradition, 87 ; mar-
riage, 88 ; at Hastings, 89 ;
home at Gloucester Cottages, 89 ;
life of economy, 90 ; illness of
his wife, 91, 153 ; insures his
life, 93 ; member of the National
Union, 97, 98, 217 ; first political
speech at York, 99 ; lectures on
the Irish Church Establishment,
100 ; at Cheltenham, 101 ; Car-
diff, 101, 109; Swansea, 101 ;
declines to stand for Hackney,
102 ; election petition cases, 102,
174-184, 407 ; Chairman of the
Lambeth Conservative Associa-
tion, 103, 106 ; at the Dover
election/ 104; at Woodstock,
107 ; Bath, 1 08 ; Freemason,
110 ; Master of the Caledonian
Lodge, in ; Past Grand War-
den, 112; Master of "Sir Ed-
ward Clarke" Lodge, 112 ; home
at Dagmar Villa, 113; death of
his brother, 118; moves to
Huntingdon Lodge, 118 ; can-
didate for Southwark, 119, 149,
169 ; the Penge case, 120-134 ;
peroration of his speech, 129 ;
interview with Louis Staunton,
134 ; the Great Turf Fraud case,
136-148 ; method of cross-ex-
amination, 144 ; refuses the
offer of Counsel to the Treasury,
152 ; illness of his mother, 153 ;
death of his daughter, 154 ;
address to the Electors of South-
wark, 157-161 ; M.P. for South-
wark, 163 ; reception in the
House of Commons, 164 ; enter-
tained by Lord Beaconsfield,
165 ; on Local Option, 167 ;
illness, 169, 245, 365, 387 ; loses
his seat, 170 ; Q.C., 171 ; Counsel
for the Defence in the West of
England Bank case, 173 ; candi-
date for Plymouth, 184, 244 ;
M.P., 186, 245, 255, 256, 300,
316 ; death of his wife, 189 ;
rooms at Belgrave Mansions, 189 ;
in Switzerland, 189 ; at the New-
castle meeting, 190 ; proposal to
carry on Bills, 192, 204, 288 ;
case of Esther Pay, 194 ; second
marriage, 195 ; political speeches
in the north of England, 196 ;
at Plymouth, 196, 270 ; death
of his mother, 197 ; house in
Russell Square, 197-199 ; gives
up smoking, 199 ; fondness for
boating, 200 ; purchases Thorn-
cote, 20 1 ; builds St. Peter's
Church, 202 ; clauses on the
Corrupt Practices Bill, 2-07 ; at
Aston Park, 218 ; controversy
on finance with Mr. Gladstone,
219-224; atPynes, 224; amend-
ment to the Address, 225; memor-
andums on the Franchise Bill,
227-230 ; on the principle of
Proportional Representation, 2 32;
on the Deceased Wife's Sister Bill,
233. 397 ; tour in Belgium, 235 ;
criticism on J. Morley's amend-
ment, 237 ; exclusion from office,
242 ; retires from the National
Union, 243 ; the Bartlett case,
246-253 ; appointed Solicitor-
General, 255 ; entertained at the
Guildhall, Plymouth, 256; speech,
257-259, 291-293 ; relations with
his colleague, Sir R. Webster,
259 ; hours of work, 262 ; on
the charge against The Times,
268 ; views on the Channel
Tunnel, 271 ; President of the
INDEX
427
Birmingham Law Students' So-
ciety, 272 ; " The Future of the
Legal Profession," 272 ; Counsel
in the trial against Lord Salis-
bury, 277-279 ; declines brief
for The Times case, 282 ; Parnell
divorce case, 283-286, 289 ; case
of Sir W. Gordon-Gumming,
295-298 ; opinion of the Salva-
tion Army, 299 ; caricature in
Punch, 299 ; on disestablishment
of the Church in Wales, 299 ;
franchise and registration reform,
299 ; visit to Ireland, 302 ;
witnesses the procession to Glas-
nevin Cemetery, 302-304 ; im-
pressions of the Irish, 305 ; on
the Home Rule Bill, 309 ; the
duty of the House of Commons,
310 ; amendment on the " Period
of Qualifications and Elections
Bill," 312 ; declines Solicitor-
Generalship, 317 ; tour in Italy,
318, 365 ; on the controversy
with the United States, 321 ; the
Jameson Raid case, 323-329 ;
case of Messrs. Werriher, Beit &
Co., 329-331 ; on adjustment of
Irish grievances, 334, 335 ; de-
clines Mastership of the Rolls,
336 ; tours in Russia, 341, 346 ;
War for Commerce, 344 ; letter
to The Times, 348 ; offers to re-
sign his seat, 350 ; protest against
war with South Africa, 351-353,
355 ; loyalty to his party, 357 ;
resigns his seat, 360, 362 ; applies
for the Chiltern Hundreds, 362,
389 ; marriage of his daughter,
364 ; at Rome, 365 ; tour in
Egypt, 365 ; trip to Canada, 366-
371 ; candidate for Brighton,
372 ; trip to the Mediterranean,
374 ; candidate for the City of
London, 376 ; M.P., 377 ; rela-
tions with A. J. Balfour, 380,
388 ; views against Tariff Re-
form, 384 ; on the creed of the
Tory party, 385 ; trip to Cairo,
387 ; resigns his seat, 389 ; at
Jersey, 390 ; meditation at
Thorncote, 391-395 ; pictures,
392-394 ; Treasurer of Lincoln's
Inn, 396 ; religious principles,
397 ; address at the Albert Hall
on " The Church and its Work,"
399 ; member of the Commission
on Ecclesiastical Discipline, 401-
403 ; President of the National
Church League, 403 ; trip to
South Africa, 403 ; book on short-
hand, 404 ; Swifthand : a New
Simple and Rapid Method of Writ-
ing, 405 ; emendation of the
Epistles, 406 ; appointed Privy
Councillor, 407 ; sworn in, 408 ;
financial loss, 409 ; leaves Thorn-
cote, 410 ; builds a small house,
410; library, 411; farewell
dinner at Lincoln's Inn Hall, 413 ;
speech, 414-419
Clarke, Ethel, birth, 114 ; at school
in Folkestone, 200 ; marriage,
363. See Rees-Webbe
Clarke, Frances, birth of her daugh-
ters, 6 ; son, 7 ; character, 10 ;
religious views, 10 ; criticism on
her son Edward's delivery of his
lectures, 46 ; illness, 153 ; death,
197
Clarke, Frances, 6, 12 ; takes
charge of her brother's house, 189
Clarke, George, 4
Clarke, George, senior officer at
Scotland Yard, 138 ; case against,
138-147 ; acquitted, 147
Clarke, H. R., evidence at the
Turf Fraud case, 142
Clarke, Joseph, 35; illness, 114;
distinguished career at school,
114; characteristics, 115, 117;
received into the Church of Rome,
115 ; at Broad way, 116 ; Dublin,
116 ; released from his monastic
vows, 117 ; various occupations,
117 ; illness, 117 ; death, 118
Clarke, Kathleen, Lady, wedding
tour, 196 ; at Plymouth, 197 ;
Russell Square, 1 97 ; birth of her
sons, 200 ; delicate health, 200 ;
lays the foundation-stone of St.
Peter's Church, 203 ; tour in
Belgium, 235 ; attack of typhoid
fever, 235 ; at Staines, 280 ;
letters from her husband. 280,
281 ; tour in Italy, 318 ; Russia,
346 ; at Sherborne Castle, 348 ;
trip to Cairo, 387 ; attack of
tonsilitis, 387 ; present at the
farewell dinner to her husband,
414. See Bryant
Clarke, Mabel, 94, 114 ; illness and
death, 154
Clarke, Margaretta, 6, 12
Clarke, Mr., apprenticed to a
silversmith, 5 ; marriage, 6 ;
jeweller's shop, 6 ; characteris-
tics, 8 .9 ; conservatism, 9 ; in-
428
INDEX
come, ii ; moves from King
William Street to Moorgate Street,
35 ; wedding gift to his son Ed-
ward, 89 ; congratulations to
him, 164 ; lives with him, 189
Clarke, Percival, birth, 94 ; at
school in Hastings, 200 ; at Eton
and Trinity Hall, 201 ; visit to
Ireland, 302 ; tour in the nor-
thern capitals, 341 ; Canada,
366 ; at the farewell dinner to
his father, 414
Clarke, William, birth, 200 ; trip
to Cairo, 387 ; at the farewell
dinner to his father, 414
Cleveland, Dowager Duchess of, 347
Cleveland, President, Commission
on the British Guiana Boun-
daries, 319-323
Clifton, Bishop of, 116
Cobden Club, manifesto, 343
Cockburn, Alexander, Lord Chief
Justice, 1 8, 83, 85 ; praise of
Sir E. Clarke, 86 ; West of Eng-
land Bank case, 173
Colchester, election petition case,
J 74
Colenso, battle-field of, 404
Coleridge, Lady, 296
Coleridge, Lord, The Times case,
273 ; case of Sir W. Gordon-
Gumming, 296 ; summing-up,
297
Coleridge, W. H., founder of the
" City Press," 52
Collins, Arthur, Counsel for the
Prosecution in the West of Eng-
land Bank case, 173 ; election
petition case at Plymouth, 183
Collins, Wilkie, 40
Comberbatch, Father, influence on
Joseph Clarke, 115
Commons, House of, dynamite ex-
plosions, 236 ; scene in, 281
Connaught, H.R.H. Duke of, Grand
Master of the Freemasons, 112
Conservative Associations, meet-
ings, 97, 99
Conservative Union, organisation,
96-98
Cooks' Company, 8, 9 note
Cookson, Montague, K.C., attends
the debates of the Hardwicke
Society, 61
Coppin, Charles, case of, 87
Cordite, supply of, 314
Cornhill Magazine, 120 note, 136
note, 194 note
Coromandel, the, 318
Corrupt Practices Bill, 206
Corry, Montagu, 65. See Rowton
Courtney, Leonard, ist Baron, at-
tends the debates of the Hard-
wicke Society, 61 ; at the fare-
well dinner to Sir E. Clarke, 414
Coward, Lewis, 175, 283
Co wen, Joseph, 190
Cozens-Hardy, Lord, Master of the
Rolls, 408
Craig, Norman, 330
Crawford, Sir Homewood, 177, 340
Crawford, Mrs., divorce case, 260
Creswick, William, 42, 70
Crimes Act, 239, 265, 270
Criminal Evidence Act of 1898,
27 note, 339
Crocodile, H.M.S., 13
Crosby Hall, evening classes for
young men, 29 ; lectures, 46 ;
debating society, 53 ; elocution-
ary entertainment, 53
Cr os well, Mr., 5
Crystal Palace, 90, 98
Currie, Bertram, member of the
Commission on Irish Finance, 333
Currie, Raikes, 45
Curzon, George, ist Earl, 375
Dagmar Villa, 113
Darling, Mr. Justice, 413
Davis, Charles, 50
Day, Sir John, 175, 285 ; Counsel
for the Defence in the West of
England Bank case, 173 ; on
Parnell Commission, 284
Day, Mr., consultation with Sir E.
Clarke on the Parnell divorce
case, 284
Day, S. H., Counsel for the Defence
in the West of England Bank
case, 173
Deane, Sir Bar grave, 335
Death Duties Bill, 312
Debt, National, reduction, 294
Deceased Wife's Sister Bill, 232, 397
Delagoa Bay Railway, opening, 323
Denison, Colonel, 370
Detectives, case against, 137 ; trial,
138-148
Dibdin, Sir Lewis, 401
Dickens, Charles, 40 ; at the Ad-
ministrative Reform Association
meeting, 44
Dickens, Henry, at the farewell
dinner to Sir E. Clarke, 414
Digby, Wingfield, 348
Dilke, Rt. Hon. Sir Charles, ad-
mitted to office, 211 ; member
INDEX
429
of the Cabinet, 212 ; divorce
case, 260 ; Redistribution Bill,
312 ; characteristics, 313
Dillon, John, against the proposal
to carry on Bills, 288
Dillwyn, Mr., 288
Dimsdale, Rt. Hon. Sir Joseph,
3 6 4> 374
Disraeli, Rt. Hon. Benjamin, 18 ;
political novels, 39 ; Coningsby,
42 ; Sybil, 42 ; principles of his
political faith, 96 , on the rights
of the working class, 98 ; Reform
Bill of 1867, 100, 312 ; refuses
to form an administration, 103 ;
generosity, in. See Beaconsfield
Dolgelly, no
Don Pacifico, debate on, 18
Donkin, Professor, 33
Doughty, Sir George, trip to Can-
ada, 367
Dover, election, 104
Druscovich, Chief Inspector, 137 ;
case against, 137-147; verdict,
147
Dublin, 302
Duff, Rt. Hon. Sir R. W., on the
defeat of the Ministry, 240
Duke, Rt. Hon. Henry E., 406 ;
career, 196 ; character, 196 ; at
the farewell dinner to Sir E.
Clarke, 414
Dunn, Andrew, candidate for South-
war k, 156
Durban, 404
Dyke, Rt. Hon. Sir William Hart,
private secretary to Lord Beacons-
field, 165
Dynamite explosions, 236
Dyson, Rev. George, relations with
A. Bartlett, 247 ; accused of
murder, 249 ; verdict, 250
Eady, Frank, 7 note
Eastbourne, 31
Ecclesiastical Discipline, Royal
Commission on, 396, 401-403
Edmonton, school at, 16
Education, Free, established, 294
Edward VII, King, installed Grand
Master of Masons, in
Egypt, 365
Election, General, in 1874, 105
Election petition cases, 174-184
Electors, increase in the number,
192
Eliot, George, 40
Ellenborough, Edward, ist Earl of.
Governor- General of India, 48
Employers' Liability Bill, 270, 338
English Church Union, 397
Esher, William, ist Baron, 330, 336
Evans, Sir David, 374, 380
Evesham election petition case, 176
Examiner, The, 62
Extradition, editions of, 87
Farren, Nellie, 72
Farrer, Thomas, ist Baron, mem-
ber of the Commission on Irish
Finance, 333
Farwell, Mr. Justice, 391
Faust, performance of, 253
Fawcett, Rt. Hon. Henry, Post-
master-General, 221
Fenn, Thomas, in
Fergusson, Rt. Hon. Sir James,
mission to Lisbon, 263
Ferrier, Dr., 389
Ferrieres, Baron de, election peti-
tion case, 176
Fielding, Mr., 369
Finance Bill, 313
Financial Reform Almanack, 219
Finlaison, William, The Times re-
porter, 86
Finlay, Rt. Hon. Sir Robert, 327 ;
appointed Solicitor-General, 318 ;
characteristics, 318 ; at the fare-
well dinner to Sir E. Clarke,
414
Fitzgerald, Penrose, 314; on the
proposal to carry on Bills, 288
Fitzpatrick, Mr., 368
Foote, Lydia, 74
Forsyth, William, Hortensius, 356 ;
epigram, 357
Fortnightly Review, 211 note
Forwood, Rt. Hon. Sir Arthur,
elected member of the National
Union, 217 ; scheme for the in-
crease of the shipwrights' wages,
300
Foster, Peter Le Neve, 30
Franchise Bill, 224, 226
Franchise Reform, 299, 300
Fraser's Magazine, 191 note
Freemasonry, character of the
teaching, 113
Fremantle, Admiral, instructions,
263
Frere, Bartle, clerk to the Tancred
Trustees, 57
Friswell, J. Hain, 72 ; A Pair of
Gloves, 27
Froggatt, Edward, case against,
138-147
Froude, James A., 40
430
INDEX
Furness, Sir Christopher, election
petition case, 407
Furniss, Harry, caricature of Sir E.
Clarke, 299
Fur ni vail, F. J., 42
Gardner, Biscombe, portrait of Lord
Beaconsfield, 412
Gaskell, Mrs., 40 ; Sylvia's Lovers, 64
George, Frances, marriage, 6 ; ap-
pearance, 6. See Clarke
George, Henry, 10
Gervis, Dr. Henry, 91 ; attends
Mrs. E. Clarke, 91
Gibbs, Alban, 375 ; candidate for
the City of London, 376 ; elec-
tion, 377 ; vacates his seat, 380.
See Aldenham
Giffard, Sir Hardinge, characteris-
tics, 82 ; advice to Sir E. Clarke,
83, 416 ; candidate for Cardiff,
109 ; marriage, 109 ; Solicitor-
General, 126 ; Counsel for the
Prosecution in the West of Eng-
land Bank case, 173. See Hals-
bury
Giff en, Sir Robert, evidence on Irish
finance, 333
Gill, Charles F., 295, 328
Gladstone, Rt. Hon. Herbert, op-
position to the London Govern-
ment Act, 340
Gladstone, Rt. Hon. W. E., 18 ;
on the Parliamentary Franchise,
82 ; opinion of H. C. Raikes, 95 ;
defeat of his Ministry, 103, 240 ;
difficulty of his seat for Green-
wich, 105 ; vote of thanks to
H.M. Forces in Egypt, 205 ;
relations with J. Chamberlain,
211, 212 ; disapproval of his
speeches, 213 ; financial state-
ment, 219-221 ; letter to Sir E.
Clarke, 221 ; memorandum, 222 ;
meetings on the Franchise Bill,
226 ; on the Crimes Act, 239 ;
return to office, 246 ; conversion
to the Channel Tunnel project,
271 ; treatment of Parnell, 275 ;
opinion of him, 277 ; Tithes Bill,
280 ; attack on the proposal to
carry on Bills, 288 ; Home Rule
Bill, 309 ; defection on the Welsh
Church Bill, 314
Gladstone, W. H., 95
Glasnevin Cemetery, procession to,
302-304
Glenesk, Algernon, ist Baron, 176.
See Borthwick
Glengarriff, 302
Gloucester Cottages, 89
Gordon, General, death at Khar-
toum, 236
Gordon-Cumming, Sir William, case,
295-298
Gorst, Harold, The Fourth Party,
extract from, 215, 217 note
Gorst, Rt. Hon. Sir John Eldon,
M.P. for Cambridge, 96 ; appear-
ance and characteristics, 96 ;
member of the National Union,
97, 217 ; elected Vice- President,
98 ; appointed Solicitor-General,
242
Graham, Rt. Hon. Sir James, 18
Gravesend, election petition case,
175-177
Great Britain, controversy with the
United States, 319-323 ; dispute
with Venezuela, 319 ; financial
relations with Ireland, 332 ; re-
port of commissioners, 333 ; rela-
tions with Russia, 341
Greenwich, 13
Greet, Captain, 13
Grey de Wilton, Lord, 108
Grosvenor, Lord Richard, 239
Guest, Ivor, candidate for Ply-
mouth, 359. See Wimborne
Guide to English History, A, 36
Gully, W. C., case against Lord
Salisbury, 279. See Selby
Gye, Percy, 122, 126
Hackett, Miss, 29
Hackney, meeting at, 102
Hague, The, conference at, 342
Haldane, Richard, ist Viscount, at
the farewell dinner to Sir E.
Clarke, 413
Halnaby, 196
Halsbury, Hardinge, ist Earl of,
Lord Chancellor, 241, 315 ; at
the farewell dinner to Sir E.
Clarke, 414. See Giffard
Hamber, Capt. Thomas, 60
Hamilton, Lord Claud, 216
Hamilton, Sir Edward, evidence
on Irish finance, 333
Hamilton, Rt. Hon. Lord George,
166, 225, 371 ; on the increase
of the shipwrights' wages, 300
Hamilton, Lady, no
Hamlet, essay on, 31
Hampton Court, 33
Hansard, extract from, 232
Hanson, Sir Reginald, 364, 374
INDEX
431
Harcourt, Rt. Hon. Sir William,
212 ; at the Round Table Con-
ference, 264 ; treatment of Par-
nell, 275 ; at the National Liberal
Club, 287 ; against the proposal
to carry on Bills, 288 ; Chancellor
of the Exchequer, 312 ; Local
Veto Bill, 312 ; Death Duties
Bill, 313 ; relations with his col-
leagues, 314
Hardwicke Society, debates, 61,
95 ; dinner at, 366
Hardy, Hon. A. E. Gathorne, elec-
tion petition case, 177
Harms-worth, Alfred, letter to The
Evening News, 358. See North-
cliffe
Harrison, Charles, death, 359
Harrison, Frederic, attends the de-
bates of the Hardwicke Society,
61
Hartington, Marquis of, 167 ; at
Plymouth, 254 ; offer from Lord
Salisbury, 263 ; relations with
J. Chamberlain, 264 ; on the
proposal to carry on Bills, 288
Hartlepool election petition case,
407
Harvey, W. C., member of the
National Union, 97, 98
Hastings, 31, 89, 92, 163, 245 ;
election, 245
Hawker, W. H., 197
Hawkesley, Bourchier, 323, 330
Hawkins, Sir Henry, the Penge case,
126 ; bias, 128 ; summing-up,
130 ; pronounces the sentence
of death, 133 ; retires, 135 ; the
Jameson Raid case, 327
Hay, Claude, 375
Hay, Sir John, 166
Henniker, John, 5th Baron, 216
Henry VIII, revival of, 69
Herbert, Hon. Sir Robert Wynd-
ham, career, 347
Herbert, Sidney, 18
Herschell, Farrer, ist Baron, Coun-
sel for the Defence in the West
of England Bank case, 173 ;
Solicitor-General, 210
Hersee, Rose, 90
Hicks-Beach, Rt. Hon. Sir Michael,
elected member of the National
Union, 217; Chairman, 217;
Chancellor of the Exchequer,
334 ; relations with Sir E. Clarke,
335
Hicks-Beach, W. F., at a meeting
against Tariff Reform, 382
Holker, Sir John, Attorney- General,
126 ; characteristics, 127 ; the
Great Turf Fraud case, 138, 146 ;
offers to appoint Sir E. Clarke
Counsel to the Treasury, 152 ;
appoints A. L. Smith, 153 ; Coun-
sel for the Prosecution in the
West of England Bank case, 173
Holmesdale, Viscount, Chairman of
the Council of the National Union,
98
Home Rule Bill, the first, 246 ;
rejected, 254 ; the second, 308-
3ii
Hood, Thomas, 39
Houldsworth, William, 216
Howard, Morgan, 79, 106 ; pre-
parations to contest Lambeth,
103
Howard, Thomas Ross, 31, 33, 37
Howard, William George, 120
Hubbard, Hon. Evelyn, candidate
for Plymouth, 316
Huddleston, Baron, the Great Turf
Fraud case, 136
Hughes, Tom, 42
Hulse, Sir Edward, 296
Hunter, Dr., against the proposal
to carry on Bills, 288
Huntingdon Lodge, 118
Hurstmonceux, 31
Imperial Review, The, 97
India House, work of the, 49 ;
removal to Whitehall, 55 ; re-
organisation of the staff, 55
India Office, examination for writer-
ships, 35 ; number of candidates,
Ireland, Home Rule Bills, 246, 265,
308 ; plan of National Councils,
264 ; Crimes Act, 265, 270 ; re-
storation of peace and order, 270 ;
Act of 1 88 1 amended, 270 ; im-
pressions of the people, 305 ;
financial relations with Great
Britain, 332 ; report of Com-
missioners,,: 333 ; Local Govern-
ment Bill, 335, 338
Irish Church ^Establishment, 100
Irish University Bill, 103
Irving, Sir Henry, 24, 68, 72, 195,
2 53
Isaacs, Rufus, 330, 406. See Read-
ing
Italy, 318, 365
Ixion, burlesque of, 74
James, Edward, &6
432
INDEX
James, Rt. Hon. Sir Henry, 86,
282 ; Counsel for the Defence in
the West of England Bank case,
173 ; Corrupt Practices Bill, 206 ;
characteristics, 206 ; refuses the
Woolsack, 246
Jameson, Dr., raid, 323-326 ; in
command of the forces, 324 ;
surrenders, 326 ; character, 327 ;
trial, 327-329 ; Premier of Cape
Colony, 403 ; entertains Sir E.
Clarke, 403
Jelf, Mr. Justice, 330
Jenner, Sir William, 133 ; pre-
scribes for Sir E. Clarke, 169 ;
advice to him, 199
Jennings, Louis, 97 ; on the proposal
to carry on Bills, 288
[ erome, Miss, engagement, 107
Jersey, 390
Jessel, Rt. Hon. Sir George, 104
Jessopp, Miss, 84
Jeune, Sir Francis, candidate for
Colchester, 174. See St. Helier
Johannesburg, 403 ; insurrection,
325
Johnson, William, no; secretary
of the Caledonian MasonicLodge,
no
Johnstone, Butler, candidate for
Canterbury, 177
Johnstone, James, 60
Jones, Trevor, 201
Journal of the Evening Classes, 42,
5 2
Julius Casar, performance of, 70
Karslake, Sir John, 86
Kean, Charles, 68, 69
Kean, Mrs. Charles, 69
Keats, John, 39
Kelly, Sir Fitzroy, 66
Kennaway, Rt. Hon. Sir John, at
a meeting against Tariff Reform,
382
Kentish Mercury, The 150
Kiel Canal, 341
Killarney, 302
Kilmainham, Treaty of, 286
Kimberley, 403 ; mine, 403
King Alfred, burlesque, 73
King, Sir Seymour, at a meeting
against Tariff Reform, 382
King William Street, shop at, n,
2 5
King-Harman, -Colonel, elected
member of the National Union,
217
King's College, evening classes, 51,
7 1
Kingsley, Charles, 40
Kingston, 34
Kitson, Sir James, motion against
Tariff Reform, 381, 386
Knutsford, Henry, ist Baron, at
the debate on the Home Rule
Bill, 309
Knowles, James, 223
Kruger, President, 323 ; telegram
from the German Emperor, 326 ;
ultimatum, 354
Krugersdorp, engagement at, 326
Kurr, William, 139; fraudulent
career, 140 ; the Great Turf
Fraud trial, 140-147
Labouchere, Henry, 237 ; against
the proposal to carry on Bills,
288
Ladysmith, 404
Lamb, Charles, 49
Lambton, Mr., at a meeting against
Tariff Reform, 382
Land Purchase Bill, Irish, 288, 294
" Last of the Barons, "lecture on, 53
Laurie, Colonel, 177
Laurier, Sir Wilfrid, 368
Law Guarantee Society, 409
Lawson, Sir Wilfrid, Local Veto
Bill, r.66
Layard, Rt. Hon. Sir Austen Henry,
44
Learmouth, Colonel, candidate for
Colchester, 174
" Legal Profession, The Future of
the," 272
Leigh, Hon. E. Chandos, Counsel
to the Speaker, 65, 175
Leonard, J. L., 403
Letchworth, Sir Edward, Grand
Secretary of the Freemasons, 112
Lewes, 194
Lewis, Sir Charles, charge against
The Times, 267
Lewis, George, 138, 295
Life for Life, performance of, 72
Lilley, Rev. Isaac, 78
Lilley, Samuel, characteristics, 78
Lincoln's Inn, history of, 47 ; fare-
well dinner to Sir E. Clarke, 413
Lindley, Mr. Justice, appointed
Master of the Rolls, 337
Lindsay, W. S., 26
" Lineal Alphabet or Character of
Dashes," 405
Linton, Mrs. Lynn, 72
Littler, Ralph, Counsel for the De-
INDEX
433
fence in the* West of England
Bank case, 173
Liverpool, Robert, 2nd Earl of, 5
Lloyd, Dr., 16
Local Government Bill, 270 ; Irish,
335, 338
Local Veto Bill, 166, 312
Loch, Lord, at the opening of the
Delagoa Bay Railway, 323
Locke, John, M.P. for Southwark,
103 ; death, 155
Lockwood, Sir Frank, 175, 233, 249,
289, 328
Loder, Gerald, candidate for Brigh-
ton, 372
London Government Act 1899, 340
London, Tower of, dynamite ex-
plosions, 236
Lopes, Rt. Hon. Sir Massey, 352
Loreburn, Robert, ist Earl, 207
Lowther, Rt. Hon. James, 218, 226
Lucy, Sir Henry, 339
Ludlow, J. M., 42
Lugard, Lady, 325
Lush, Mr. Justice, 80
Lushington, Godfrey and Vernon,
42 ; attend the debates of the
Hardwicke Society, 61
Lusitania, the, 341
Lyndhurst, John, Baron, speech in
the House of Lords, 48, 416 ;
wig, 48
Lyttelton, Rt. Hon. Alfred, 328
Lyttelton, Lord, President of the
Working Men's Club and Institute
Union, 63
Lytton, Edward Bulwer, ist Baron,
four styles of fiction, 39 ; Kenelm
Chillingly, 48 ; at the Royal
Literary Fund dinner, 269
Lytton, Robert, 2nd Baron, 40
Lyveden, Courtenay, 3rd Baron,
trip to Canada, 366
Macaulay, Lord, 40 ; History, 2
note, 41
Macclesfield, election petition case,
179-182
Macdona, Gumming, trip to Can-
ada, 367
Machiavelli, Nicolo, on the joys of
a library, 411
Mackenzie, Rev. Charles, estab-
lishes evening classes for young
men, 29, 58
Mackney, E. W., no
MacMaster, Donald, M.P., 368
Macnaghten, Lord, 408 ; appointed
Lord of Appeal, 241
Magnus, Sir Philip, at a meeting
against Tariff Reform, 382
Mahaffy, Prof., 269
Maitland, Lydia, 74
MajubaHill, defeat, 189, 351
Malcolm, Colonel, on the proposal
to carry on Bills, 288
Manchester, 277 ; election, 377
Manners, Lord John, 98
Mansfield, Canon, 186
Maristow, 352
Markham, Sir Arthur, charges
against Messrs. Wernher, Beit
& Co., 329-331
Marsden, George, 126
Marston, Henry, 69
Marston, Philip Bourke, 72
Marston, Westland, receptions, 71 ;
Life for Life, 72
Marten, A. G., member of the
National Union, 97, 98
Martin, Edward, 92
Masterman, John, 45
Mathew, J. C., 152
Matthews, Sir Charles, 126, 249, 327
Maxwell, Rt. Hon. Sir Herbert, 281
May, Mr., letters from Sir E. Clarke,
May brick, Mrs., case, 280
McKellar, Mr., Counsel for the Pro-
secution in the West of England
Bank case, 173
McLaren, Sir Charles, appointed
Privy Councillor, 408
McMahon, Patrick, 86
Mead, Mr., 249
Meiklejohn, detective, case against,
137-147 ; verdict, 147
Merchant of Venice, burlesque of, 73
Merchant Shipping, amendment of
the laws, 209
Meredith, George, 40
Mersey, John C., ist Viscount, 279
Metropolitan Conservative Work-
ing Men's Association, meeting,
97
Middleton, Captain, 364
Mildmay, Mr., at a meeting against
Tariff Reform, 382
Millard, Evelyn, 54
Millar d, John, teacher of elocution,
54
Miller and his Men, performance
of, 71
Milner, Sir Alfred, 346
Ministry, resignation, 240 ; defeat,
3M
Mitchell, Annie, 33, 37 ; first meet-
ing with Sir E. Clarke, 33 ; ap-
434
INDEX
pearance, 34 ; engagement, 54 ;
breaks it off, 64 ; reconciliation,
84 ; marriage, 88. See Clarke
Mitchell, Fanny, 33
Moloney, Mr., 249
Monk, Mr., 369
Montreal, 368
Morley, Henry, lecturer on English
Literature at King's College, 51,
71 ; appearance, 52 ; charac-
teristics, 52 ; editor of The Ex-
aminer, 62
Morley, John, ist Viscount, Life of
Gladstone, extract from, 213 ;
amendment on the policy of the
Government, 237 ; on the Crimes
Act, 239 ; at the Round Table
Conference, 264 ; against the
proposal to carry on Bills, 288 ;
Chief Secretary for Ireland, 312 ;
" Period of Qualifications and
Elections Bill," 312 ; at the fare-
well dinner to Sir E. Clarke, 414
Morning Herald, The, 60, 84
Morrison, Hans, 82
Moscow, 342, 346
Moulin, Bishop Du, character of
his sermon, 369
Moulton, Lord, at the farewell
dinner to Sir E. Clarke, 414
Murrough, John P., 83
Musical Society, 114
Muskett, Mr., employed in the
Parnell divorce case, 285, 289
Naples, 318
National Church League, 403
National Union of Conservative and
Constitutional Associations, es-
tablished, 98 ; conference at
Birmingham, 214 ; negotiations
with the Central Committee, 216 ;
conference at Sheffield, 216 ;
election of candidates, 217
Neilson, Adelaide, appearance, 72
Neilson, Julia, 72
Nelson, Admiral Lord, no
Nevill, Lord, 96. See Abergavenny
New York, 371
Newcastle, political meeting at, 190
Nicholas II, Emperor of Russia, on
the limitation of armaments, 342
Nicholson, Sir Richard, 278
Nineteenth Century, The, 223
Noel, Gerard, Vice- President of the
National Union, 98
Norris, Mr., Counsel for the Defence
in the West of England Bank case,
173
Northcliffe, Alfred, ist Viscount,
358. See Harmsworth
Northcote, Rt. Hon. Sir Henry,
191, 225 ; M.P. for Exeter, 245 ;
appointed Governor of Bombav,
361
Northcote, Rt. Hon. Sir Stafford,
164 ; on the dissolution of Parlia-
ment, 1 68 ; Conservative leader
in House of Commons, 190; at
Newcastle, 190 ; nervousness,
191 ; wish to consult Sir E.
Clarke, 192 ; want of alertness,
205 ; at Aston Park, 218 ; re-
ceives Sir E. Clarke at Pynes,
224 ; negotiations on the Fran-
chise Bill, 226 ; vote of censure,
236, 238
Norton, Hon. Mrs., 39
Norwood, Mr., 204
Nottingham, election petition case,
407
Nunn, Joshua, in
Oakshott, Mr., 17
Oaths Bill, 274
O'Brien, William, action against
Lord Salisbury, 277-279
O'Donnell, Frank Hugh, libel ac-
tion against The Times, 272-274,
2 77. 283 ; History of the Irish
Parliamentary Party, 272 note
Olney, Mr., character of his dis-
patches, 319
O'Malley, Sergeant, 86
Orange Girl, The, performance of,
70
O'Shea, Captain, divorce case, 283,
289
O'Shea, Mrs., relations with Par-
nell, 273, 283, 285 ; divorce case,
289 ; birth of her children, 286
Ottawa, 368
Oxford University, Associate in
Arts, examination, 33
Paget, Bishop F., on the Ecclesiasti-
cal Discipline Commission, 401
Pakington, Rt. Hon. Sir John, 31
Palmer, Inspector, case against,
138-147 ; verdict, 147
Palmerston, Viscount, 18
Panton, Paul, 65
Parliament, dissolution, 168, 244,
254, 300 ; prorogued, 224, 288 ;
adjourned, 236 ; meeting, 354 ;
opened, 378
INDEX
435
Parliamentary franchise extension,
193
Parnell, C. S., 236 ; at Plymouth,
254 ; charge against, 265, 275 ;
explanation, 266 ; relations with
Mrs. O'Shea, 273, 283, 285 ; tri-
umph in the House of Commons,
275 ; at Nottingham, 276 ; Ha-
warden, 277 ; receives the free-
dom of Edinburgh, 278 ; action
for libel against The Times, 282 ;
divorce case, 283, 289 ; descrip-
tion of Mr. Gladstone, 292 ;
anniversary of his death, 302 -304^
" Parnellism and Crime," articles"
on, 265, 274
Patents Bill, 206
Patmore, Coventry, 40
Pay, Esther, trial of, 194
Payne, Dr., 127
Pearce, Sir William, candidate for
Plymouth, 301
Pease, Rt. Hon. J. A., appointed
Privy Councillor, 408
Peel, Rt. Hon. Arthur W., ist Vis-
count, Speaker, 237
Peel, Sir Robert, 18 ; death, 19
Penge mystery case, 120-134
Percy, Earl, resigns chairmanship
of the National Union Council,
2I 5
" Period of Qualifications and Elec-
tions Bill," 312
Petheram, Mr., Counsel for the De-
fence in the West of England
Bank case, 173
Pevensey, 31
Phelps, Samuel, 69
Phillips, Sir G. Faudel, 340, 374
Phillips, Lionel, at Johannesburg,
43
Pinches, Conrad, 69 ; school Claren-
don House, 70
Pinches, Edward Ewen, 69, 77, 168,
189, 244
Pinches, William, head of the City
Commercial School, 22, 68 ; ap-
pearance, 22 ; characteristics, 23
Pitsani Potlugo, 324, 325
Pius, Father, 116
Plaice, Mr., English master at
Edmonton school, 1 7
Platt, Mrs., death, 88
Plymouth, election petition case,
183 ; meetings at, 184, 204, 207,
219, 241, 244, 254, 270, 310, 321,
334. 34i. 345. 349; elections,
186, 235, 244, 254, 256, 300, 316 ;
increase in the number of voters,
193 ; Executive Councils, meet-
ings, 352, 353
Poland, Mr., 126, 249 ; at the fare-
well dinner to Sir E. Clarke, 414
Pollock, Baron, summing-up at the
Great Turf Fraud trial, 147 ; case
of Esther Pay, 194 ; the Jameson
Raid case, 327
Ponsonby, Sir Henry, 213
Poole, Arthur, Counsel for the De-
fence in the West of England
Bank case, 173
Portugal, war with England
averted, 262
Postcards, reply, issue of, 205
Pottle, Robert, 37 ; friendship with
Sir E. Clarke, 21
Powell, Sir Douglas, 387, 389
Powell, Sir Francis, at a meeting
against Tariff Reform, 382
Pretoria, 403
Princess's Theatre, 68
Proportional Representation princi-
ple, 232
Prynne, Edward, designs stained-
glass windows, 203
Prynne, George Fellowes, designs
St. Peter's Church, Staines, 202
Prynne, Rev. G. R., support of Sir
E. Clarke's political views, 232
Public Speeches, extracts from, 276,
304, 305, 311, 322, 334, 339, 342
Puleston, Sir John, 364, 375, 387
Punch, caricature of Sir E. Clarke,
299
Purcell, H. F., 126
Quain, Sir Richard, 245
Raikes, Rt. Hon. Henry Cecil, ap-
pearance, 95, 96 ; contests elec-
tions, 95 ; characteristics, 96 ;
organisation of the Conservative
Union, 96 ; elected Vice- Presi-
dent of the National Union, 98
Railway and Canal Traffic Bill, 270
Rainbow Tavern, meeting of the
" Socials " debating society, 82
Ratcliffe, Mr., election petition case,
176
Rathmore, David, ist Baron, at the
farewell dinner to Sir E. Clarke,
414
Raynham, Miss, 74
Reade, Charles, 40, 133
Reading, Earl, at the fare well dinner
to Sir E. Clarke, 414. See Isaacs
Redistribution Bill, 224, 312 ; pub-
lication of the Cabinet draft, 231
436
INDEX
Redmond, John, 320
Rees-Webbe, Ethel, 363 ; present
at the farewell dinner to her
father, 414. See Clarke
Rees-Webbe, Capt. Norman, takes
part in the Boer War, 363 ; trip
to South Africa, 403 ; at the
farewell dinner to his father-in-
law, 414
Reform Bill of 1867, 98, 100, 312
Registration of Voters Bill, 192 ;
report on the system, 299
Reid, Rt. Hon. Robert, character,
207. See Loreburn
Reynolds, F. W., 52
Rhetoric, study of, 60
Rhodes, Alice, 123 ; case against,
125-132; verdict, 133; re-
leased, 134
Rhodes, Rt. Hon. Cecil, Prime
Minister of Cape Colony, 325
Richardson, Harriet, 120 ; weak
intellect, 120; marriage, 121.
See Staunton
Richmond, Duke of, at Balmoral,
224
Ridgeway, Rt. Hon. Sir West, can-
didate for the City of London, 376
Ridley, Lady, 190
Ridley, Rt. Hon. Sir Matthew, 190
Rigby, Sir John, appointed Attor-
ney-General, 306, 313
Ripley, H. W., 26
Ritchie, Rt. Hon. C. T., 371
Rivers, Horace, 6th Baron, 120
Robinson, Sir Hercules, 325
Rodd, Sir Rennell, appointed Privy
Councillor, 408
Rogers, J. P., 186
Rogers, Thorold, M.P. for South-
war k, 1 70
Rolt, Sir John, 87
Rome, 318, 365
Romeo and Juliet, performance of,
J 95
Rosebery, Archibald, 5th Earl of,
member of the Cabinet, 236 ; at
the debate on the Home Rule
Bill, 309 ; Prime Minister, 311
Rosher, G. B., 281
Rotherhithe, 162
Rothschild, Hon. Walter, at a meet-
ing against Tariff Reform, 382
Round Table Conference, 264
Rowton, Montagu, ist Baron, 65 ;
at the debate on the Home Rule
Bill, 309
Royal Literary Fund dinner, 269
Royalty Theatre, 74
Ruegg, Mr., case of The Times, 273
Ruskin, John, 40
Russell, Sir Charles, Counsel for the
Defence in the West of England
Bank case, 173 ; Penge case,
249; Ti mes case, 273 ; appointed
Attorney- General, 306 ; on the
rule against taking any private
practice, 306 ; income, 307 ; the
Jameson Raid, 327 ; character-
istics, 328 ; summing up, 329
on writing his life, 414
Russell, Lord John, at an election
meeting, 45 ; height, 45
Russell, T. W., on the proposal to
carry on Bills, 288
Russia, 346 ; relations with Great
Britain, 341
Ryan, George, 202
Rylance, Rev. T., founder of the
Working Men's Club and Insti-
tute Union, 63
Ryswick, Peace of, 4
Sadler, Sir Samuel, trip to Canada,
3 6 7
Sadler's Wells Theatre, 69
St. Helier, Francis, Baron, 174 ;
member of the Ecclesiastical
Discipline Commission, 401 ;
death, 401. See Jeune
St. Peter's Church, Staines, 202 ;
consecration, 203 ; cost, 203 ;
figures carved in stone, 398
Salisbury, Robert, 3rd Marquis of,
leader of the House of Lords,
190 ; at Newcastle, 190 ; char-
acter of his speech, 191 ; at
Sheffield, 216; negotiations on
the Franchise Bill, 226 ; memor-
andums from Sir E. Clarke, 227-
230; return to office, 255, 315;
offer to serve under Lord Hart-
ington, 263 ; action against,
277-279 ; proposal to carry on
Bills, 287 ; on the retention of
private practice by the Law
Officers, 315, 317 ; promise to
appoint Sir E. Clarke Attorney-
General, 317 ; offers him Master-
ship of the Rolls, 336
Salmon, Frederick, 26
Salvation Army, organisation, 298
Salvian, Father, 116
Samuel, Rt. Hon. Herbert, ap-
pointed Privy Councillor, 408
Sandars, Rt. Hon. J. S., 389
Sandford, Thomas, 5
INDEX
437
Sandoz, Mr , 55
Sassoon, Sir Edward, at a meeting
against Tariff Reform, 382
Schuster, Rt. Hon. Sir Felix, can-
didate for the City of London, 376
Science, Social, Association for the
Promotion of, conference at the
Guildhall, 63
Scott, Clement, 133
Scott, John, 104
Scott, Sir Walter, 39
Sedgwick, Leonard, secretary to
the National Union, 97, 98
Selby, William, ist Viscount, 279
Selected Speeches, 233, 299, 310, 312,
340, 342, 344, 346, 352, 35 6 > 35 8
361, 384, 400
Selfe, Mr., Bible-class for young
men, 27
Serf, The, play, 42, 70
Sewell, Dr., 33
Sexton, Thomas, against the pro-
posal to carry on Bills, 288
Seymour, Digby, 86
Shaw, Flora, 325. See Lugard
Shee, Mr. Justice, 83
Sheffield, conference of the Na-
tional Union, 216
Shelley, John, 232, 254, 360
Shelley, P. B., 39
Sheppard, William, 70
Sherborne Castle, 348
Sherley, Mr., 101, 109
Shipton, George, candidate for
Southwark, 156
Shipwrights, increase of pay, 300
Shorthand, Easy, 405, 417
Simon, Rt. Hon. Sir John, 406 ;
Attorney-General, 413 ; at the
farewell dinner to Sir E. Clarke,
413
Sleigh, Sergeant, 80
Smith, Abel, at a meeting against
Tariff Reform, 382
Smith, A. L., appointed Counsel
to the Treasury, 153 ; Counsel
for the Prosecution in the West
of England Bank case, 173
Smith, Rt. Hon. Sir F. E. f 406 ; at
the farewell dinner to Sir E.
Clarke, 414
Smith, Goldwin, 369 ; conversa-
tion with Sir E. Clarke, 370
Smith, W. F. D., meeting against
Tariff Reform, 382
Smith, Rt. Hon. W. H., Leader of
the House of Commons, 267 ; on
the Channel Tunnel Bill, 271 ;
illness, 287
Smuts, General, 404
Snosswell, Mr., 28
Soames, Joseph, 282 ; solicitor to
The Times, 273 ; refuses to under-
take the Parnell divorce case,
284
" Socials " debating society, 82
Solly, Rev. H., founder of the Work-
ing Men's Club and Institute
Union, 63
Southwark election, 149, 155 ; can-
didates, 156 ; polling day, 162 ;
result of the election, 163, 170
Southwark Mercury, The, 150
Southwark, Richard, ist Baron, 174
Spain, 365
Spencer, John, 5th Earl, at the
debate on the Home Rule Bill,
309
Spottiswoode, Messrs., method of
printing Government work, 231
Staines, 200, 255, 280 ; regatta, re-
vival, 201
Standard, The, 60, 84 ; publication
of the Cabinet draft of the Re-
distribution Bill, 231
Stanhope, Rt. Hon. Edward, 216,
225
Stanhope, Hon. Philip, 354. See
Wear dale
Stanley, Lord, 18 ; Secretary of
State for India, 35 ; offers writer-
ships for competition, 35
Staunton, Harriet, 120 ; birth of
a child, 121, 123 ; at Cudham,
121, 123 ; relations with her
husband, 123 ; death of her
child, 124 ; brought to Penge,
124 ; illness and death, 124 ;
result of the post-mortem exami-
nation, 125, 133. See Richardson
Staunton, Louis, 121, 123 ; case
against, 125-132 ; verdict, 132;
reprieved, 134 ; interview with
Sir E. Clarke, 134
Staunton, Patrick, 121, 123 ; case
against, 125-132 ; verdict, 133 ;
reprieved, 134
Staunton, Mrs. Patrick, 121 ; case
against, 125-132 ; birth of a son
in gaol, 126; verdict, 133; re-
leased, 134
Steele, Mrs., charge against, 289
Stephen, Sir J. Fitzjames, Judge,
126; failure of his powers, 279
Stevens, D. C., criticism on Sir E.
Clarke's delivery of his lectures,
46
Stevens, W. R., 53 78
438
INDEX
Stevenson, Dr., evidence in the
Bartlett case, 250
Stibbs, William, 183
Stirling, Lord Justice, 330
Straight, Douglas, 79, 122, 126
Strathcona, Lord, 368
Stringer, Edgar P., 26
Stuart- Wortley, Rt. Hon. C., amend-
ment on Free Trade, 382 ; divi-
sion on, 385 ; appointed Under-
secretary for the Home Depart-
ment, 242
Sumner, Lord, at the farewell dinner
to Sir E. Clarke, 414
Surrey Sessions, character, 78
Surrey Theatre, 70
Suter, Eleanor, 120
Sutton, Henry, 327
Swansea, meeting at, 101
Sweet Lavender, performance of, 77
Swifthand : A New Simple and
Rapid Method of Writing, 405
Switzerland, 189
Tabor, Dr., School at Cheam, 201
Talbot, Rt Hon. J. G., on the pro-
posal to carry on Bills, 288 ; at
a meeting against Tariff Reform,
382
Talfourd, Sir T., 39
Tancred, Christopher, bequest to
Lincoln's Inn, 47, 77
Tariff Reform, 193, 366, 381 ; meet-
ing against, 382
Taylor, Colonel, 62 ; Vice- Presi-
dent of the National Union, 98
Temple, Dr., Archbishop of Canter-
bury, consecrates St. Peter's
Church, 203 ; on ecclesiastical
discipline, 398
Tennyson, Alfred, ist Baron, 40
Terriss, William, 195
Terry, Edward, 77
Terry, Ellen, 69, 195, 253
Testament, New, Authorised Ver-
sion of the, emendation, 406, 417
Thackeray, W. M., 40
Thomas, Rev. David, founder of
the Working Men's Club and
Institute Union, 63
Thomas, Moy, 72
Thorncote, 201
Thornton, Percy, M.P., at a meet-
ing against Tariff Reform, 382
Thring, Henry, ist Lord, 100
Tidy, Dr. Meymott, evidence in
the Bartlett case, 250
Times, The, articles on " Parnellism
and Crime," 265, 274 ; charge
against, 267-269 ; Special Com-
mission appointed, 274 ; action
for libel against, 272-274, 282 ;
letter from Sir E. Clarke, 348
Tithes Bill, 280, 288, 294 ; with-
drawn, 282
Todd, Wilson, 196
Tonbridge, 163
Toole, J. L., 54
Toronto, 112, 368, 369; St. James's
Cathedral, 369
Tranby Croft, 295
Transvaal, war expenditure, 324
Treloar, Thomas, 26
Treloar, Sir William. Bart., 374 ;
defence of Sir E. Clarke, 387
Tremouille, Adelaide Blanche de
la, 246. See Bartlett
Trench, Archbishop, lines from,
410, 418
Trevelyan. Rt. Hon. Sir George,
at the Round Table Conference,
264
Trip to South Africa, 404
Troll ope, Anthony, 40
Truscott, Rt. Hon. Sir Francis, elec-
tion petition case, 175
Turf Fraud case, the Great, 136-
148
United States, controversy with
Great Britain, 3 1 9-32 3 "*
Vancouver, 371
Vectis, the, 374
Venezuela, dispute with Great
Britain, 319-323
Verrall, Colonel, 372
Victoria, 371
Victoria, Queen, wisdom and tact,
226 ; at Balmoral, 240
Victoria Theatre, 72
Vincent, Sir Edgar, M.P. for Exeter,
361
Wace, Rev. Henry, 51
Waghorn, Mr., 50
Wales, no; disestablishment of the
Church, 299, 313
Wales, H.R.H. Albert Edward,
Prince of, relations with the Mar-
quis of Blandford, 213 ; at
Tranby Croft, 295 ; box of coun-
ters, 296 ; present at the debate
on the Home Rule Bill, 309
Walker, Mr., 370
Wallingford, election petition case,
INDEX
439
Walrond, Lionel, at a meeting
against Tariff Reform, 382
War for Commerce, 344
Ward, Horatia, no; at Pinner,
no
Ward, Nelson, no
Warington, George, 28
Warington, Robert, 28
Waterloo, victory of, 5
Waterlow, Rt. Hon. Sir Sydney, 119
Watkin, Sir Edward, 271
Watson, James, editor of The
Kentish Mercury, 150
Watson, Sir Thomas, 59
Watts, John George, 52
Weardale, Philip, ist Baron, 354
Webster, Sir Richard, 135 ; ap-
pointed Attorney-General, 24?,
317 ; relations with Sir E. Clarke,
259, 418 ; method of work, 259,
262 ; on The Times case, 274 ;
Jameson Raid trial, 327 ; de-
clines Mastership of the Rolls,
336 ; amendment on the Church
Discipline Bill, 399. See Alver-
stone
Welby, Reginald, Baron, member
of the Commission on Irish
Finance, 333
Wellington, Duke of, funeral, 19
Wernher, Beit & Co., Messrs.,
charges against, 329-331 ; gift
to the City of London College,
33i
West of England Bank case, 172 ;
Counsel for the Prosecution, 173 ;
for the Defence, 173
Western Mail, The, 101
Westminster Hall, dynamite ex-
plosion, 236
Whitbread, Mr., against the pro-
posal to carry on Bills, 288
Whitfield, Richard, 76
Whitley, Mr., 216
Whittington, Rev. Richard, 29 ;
establishes evening classes for
young men, 29
Wigan, Alfred, 73
Wigan, Horace, 73
Wilberforce, William, 5
William II, Emperor of Germany,
telegram to President Kruger, 326
William III, King, 4
Williams, Montagu, 126
Williamson, Superintendent, evi-
dence at the Great Turf Fraud
trial, i4">, 146
Willis, William, M.P. for Colchester,
i?4
Wills, Rt. Hon. Sir Alfred, the
Bartlett case, 249 ; summing-up,
252
Wilton. Marie, 70
Wimble, Edward, 102?
Wimborne, Ivor, Baron, '359
Winchelsea, 32
Windsor Castle, 408
Windsor, Charles, case of, 83, 85
Winn, Rowland, 226
Wiseman, Cardinal, Appeal to the
People of England, 28
Wolff, Rt. Hon. Sir Henry Drum-
mond, member of the National
Union, 217
Woodfall, Miss, marriage, 109
Woodstock, 107
Wordsworth, William, 39
Working Men's Club and Institute
Union, 63
Working Men's College, lectures at,
59
Workmen's Compensation Bill, 339
Worms, Henry de, 205
Worthing, 188
Wren, Walter, election petition
case, 178
Wright, R. S., 183, 249
Yeo, Dr., 201
York, H.R.H. George, Duke of,
present at the debate on the
Home Rule Bill, 309 ; Treasurer
of Lincoln's Inn, 396
York Conservative Association
meeting, 99
Young, Mrs. Charles, 69
Young, Sir George, candidate for
Plymouth, 184
Zoological Gardens, 13
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